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vfcoru  vapest* 


A  SELECTIVE  MICROFILM  EDITION 
PARTI 
(1850-1878) 


Thomas  E.  Jeffrey 

Microfilm  Editor  and  Associate  Editor 


Paul  B.  Israel 
Assistant  Editor 
Assistant  Editors: 
Toby  Appel 
Keith  A.  Nier 
Andre  Millard 

John  Deasey 
Leonard  De  Graaf 
David  Fowler 


Student  Assistants 


Susan  Schultz 
Assistant  Editor 
Research  Associates: 
Robert  Rosenberg 
W.  Bernard  Carlson 


Pamela  KwiatkowsUi 
Joseph  P.  Sullivan 
Barbara  B.  Tomblin 


Leonard  S.  Reich,  Associate  Director  and  Associate  Editor 
Reese  V.  Jenkins,  Director  and  Editor 


Sponsors 

Rutgers,  The  State  University  of  New  Jersey 
National  Park  Service,  Edison  National  Historic  Site 
New  Jersey  Historical  Commission 
Smithsonian  Institution 


University  Publications  of  America 
Frederick,  Maiyland 
1985 


Copyright  «■  1 985  by  Rutgers,  The  State  University 

All  Rights  Reserved.  Mo  part  of  this  publication  including  any  portion  of  the  guide  and  index  or  of  the 
microfilm  may  be  reproduced,  stored  in  a  retrieval  system,  or  transmitted  in  any  form  by  any  means— graphic, 
electronic,  mechanical,  or  chemical,  including  photocopying,  recording  or  taping,  or  information  storage  and 
retrieval  systems— without  written  permission  of  Rutgers,  The  State  University  of  Mew  Jersey,  Mew  Brunswick, 
Mew  Jersey. 

The  original  documents  in  this  edition  are  from  the  archives  at  the  Edison  National  Historic  Site  at  West 
Orange,  Mew  Jersey. 


BOARD  OF  SPONSORS 


Rutgers,  The  State  University  of 
New  Jersey 

Edward  J.  Bloustein 
T.  Alexander  Pond 
Tilden  G.  Edelstein 
Richard  P.  McCormick 
James  Kirby  Martin 
New  Jersey  Historical  Commission 
Bernard  Bush 
Howard  Green 


National  Park  Service,  Edison 
National  Historic  Site 
Roy  W.  Weaver 
Edward  J.  Pershey 
William  Binnewies 
Lynn  Wightman 
Elizabeth  Albro 
Smithsonian  Institution 
Brooke  Hindle 
Bernard  Finn 


EDITORIAL  ADVISORY  BOARD 

James  Brittain,  Georgia  Institute  of  Technology 
Alfred  D.  Chandler,  Harvard  University 
Neil  Harris,  University  of  Chicago 
Thomas  Parke  Hughes,  University  of  Pennsylvania 
Arthur  Unit,  Princeton  University 
Nathan  Reingold,  Smithsonian  Institution 
Robert  C.  Schofield,  Iowa  State  University 


CORPORATE  ASSOCIATES 

William  C.  Hittinger  (chairman),  RCA  Corporation 
•Arthur  M.  Bueche,  General  Electric  Company 
Edward  J.  Bloustein,  Rutgers,  The  State  University  of  N  J. 
Cees  Bruynes,  North  American  Philips  Corporation 
Paul  J.  Christiansen,  Charles  Edison  Fund 
Philip  F.  Dietz,  Westinghouse  Electric  Corporation 
Paul  Lego,  Westinghouse  Electric  Corporation 
Roland  W.  Schmitt,  General  Electric  Corporation 
Robert  I.  Smith,  Public  Service  Electric  and  Gas  Company 
Harold  W.  Sonn,  Public  Sendee  Electric  and  Gas  Company 
Morris  Tanenbaum,  AT&T 


FINANCIAL  CONTRIBUTORS 


PRIVATE  FOUNDATIONS  PUBLIC  FOUNDATIONS 

Alfred  P.  Sloan  Foundation  National  Science  Foundation 

Charles  Edison  Fund  National  Endowment  for  the  Humanities 

The  Hyde  and  Watson  Foundation 
Geraldine  R.  Dodge  Foundation 

PRIVATE  CORPORATIONS  AND  INDIVIDUALS 


Alabama  Power  Company 
Amerada  Hess  Corporation 
AT&T 

Association  of  Edison  Illuminating  Companies 

Battelle  Memorial  Institute  Foundation 

The  Boston  Edison  Foundation 

Cabot  Corporation  Foundation 

Carolina  Power  and  Light  Company 

Consumers  Power  Company 

Corning  Glass  Works  Foundation 

Duke  Power  Company 

Edison  Electric  Institute 

Exxon  Corporation 

General  Electric  Foundation 

Gould  Inc.  Foundation 

Gulf  States  Utilities  Company 

The  Institute  of  Electrical  &  Electronics  Engineers 

International  Brotherhood  of  Electrical  Workers 

Iowa  Power  and  Light  Company 

Mr.  and  Mrs.  Stanley  H.  Katz 


Matsushita  Electric  Industrial  Co.,  Ltd.  . 
McGraw-Edison  Company 
Middle  South  Services,  Inc. 

Minnesota  Power 

New  Jersey  Bell  Telephone  Company 
New  York  State  Electric  &  Gas 
Corporation 

North  American  Philips  Corporation 
Philadelphia  Electric  Company 
Philips  International  B.V. 

Public  Service  Electric  and  Gas  Company 

RCA  Corporation 

Robert  Bosch  GmbH 

Savannah  Electric  and  Power  Company 

Schering  Plough  Foundation 

Texas  Utilities  Company 

Thomson-Brandt 

Transamerica  Delaval  Inc. 

Westinghouse  Educational  Foundation 
Wisconsin  Public  Service  Corporation 


PUBLICATION  AND  MICROFILM 
COPYING  RESTRICTIONS 


Reel  duplication  of  the  whole  or  of 
any  part  of  this  film  is  prohibited. 
In  lieu  of  transcripts,  however, 
enlarged  photocopies  of  selected 
items  contained  on  these  reels 
may  be  made  in  order  to  facilitate 
research. 


A  Note  on  the  Sources 

The  pages  which  were  microfilmed  for  this  collection  are 
in  generally  good  condition  in  the  original.  There  are 
some  pages,  however,  which  due  to  age  are  lighter  than 
normal.  Additionally,  because  some  volumes  are  very 
large  and  have  been  bound  tightly  and  cannot  be  un¬ 
bound,  there  are  intermittent  occurrences  of  slight  dis¬ 
tortion  of  the  edges  of  a  small  percentage  of  the  pages. 

We  have  made  every  technical  effort  to  ensure  complete 

legibility  of  each  and  every  page. 


QUADRUPLEX  CASE  VOLUME  71  -  CONTENTS 


Atlantic  and  Pacific  Telegraph  Company  v.  George  B.  Prescott,  Western 
Union  Telegraph  Company,  Lemuel  W.  Serrell  and  Thomas  A.  Edison. 
Superior  Court  of  the  City  of  New  York.  ~ 

1.  Testimony  for  Defendants. 

List  of  Witnesses: 

Philander  E.  Wilson 
Agnes  E.  Blodget 
Edward  E.  Quimby 
Joseph  T.  Murray 
Lemuel  W.  Serrell 
William  Orton 
Gerritt  Smith 
George  M.  Phelps,  Jr. 

George  B.  Prescott 
Moses  G.  Farmer 


2.  Defendants’  Exhibits. 


OI'-ccKa'^  20,?-  '" 

9H-<^^#oftW--/u>^  Cjictc  O&UMAA.,  j.?-6$ 

/fatjJLa^M \j~  y(tyC  (t,  Jl  56. 

M  ce/Wkfejrevfl  ojtt  3  •j.j 


CITY  AND  COUNTY  OF  NEW  YOllK. 


The  Atlantic  and  Pacific  Tele- 
|  graph  Company 

'i  against 

GEORGE  B.  PRESCOTT  AND  OTHERS. 


Hbakiko  Besumed,  May  14,  1877. 

•  Philander  11.  Wilson ,  called  for  dofondiuit,  sworn. 

Direct-  cjaminalion  liy  Mr.  Dickerson. 

;  Q.  What  is  your  residence  and  your  oflleinl  position  1 
1  A.  I  reside  in  Washington;  I  am  in  charge  of  the  digest 
of  assignments;  making  abstracts  of  title,  and  in  addition 
j  have  charge  of  the  records  ot  assignments  myself  ill  tbo 
Patent  Oilieo  of  tlio  United  States. 

•j  Q.  Look  at  tbo  book  now  shown  yon  entitled  Transfers 
of  Patents,  Letter  U,  18  Patent  Oilieo,  and  stnto  to  tlio 
Court  wlmt  Unit  book  is. 

j  A.  It  is  n  record  of  tlio  assignments  of  tlio  inventions 
and  patents  of  tlio  United  States  Patent  Oilieo. 

J  Q.  XIow  long  lnivo  you  bad  that  book  in  your  custody  I 
A.  I  lmvo.  lmd  it  in  my  custody  sineo  iiliont  Juno  Gth, 
1371;  it  ciimo  into  my  possession  at  tluit  time. 

J  Q.  State  under  wlmt  circumstances,  it  any,  that  boolc 
may  bo  or  has  been  withdrawn  from  your  custody. 

;}  A.  In  ease  ii  copy  of  an  assignment  recorded  tiicro  was 
desired,  this  book  would  go  from  my  possession  to  tlio 


4  clerk  who  makes  tho  copy  and  would  remain  with  that  clerk 
until  the  copy  was  made  mul  then  returned  to  mo. 

Q.  Under  what  other  circumstances  could  it  ho  with¬ 
drawn  from  you  1 

A.  It  would  he  withdrawn  hy  tho  commissioner  or  chief 
clerk,  or  assistant  clerk,  or  any  examiner  in  the  otllce  that 
wished  to  read  an  assignment.  He  could  take  the  hook 
away  himself,  or  send  for  it  until  ho  Accomplished  his  pur¬ 
pose  and  then  return  it  to  mo. 

Q.  Will  yon  ho  good  enough  to  show  tho  Court  tho 
record  of  assignment  of  Thomas  A.  Edison  to  Georgo  liar- 

5  rington  April  4th,  1871. 

Mr.. Wheeler :  I  dosiro  to  put  an  objection  nowon  tho 
record.  Tho  purposo  of  offering  tho  hook,  I  suppose,  is  to 
show  that  tho  record  did  not  contain  this  word  that  was 
in  the  original.  The  point  wo  mnko  about  that  is  that  wo 
fulfil  our  duty  when  we  send  a  paper  there  to  ho  recorded 
in  tho  Pntunt  Otlico.  11  through  any  mistake  of  tho  copy- 
ist  tho  record  is  impcrfuct  we  consider  tlmt  that  does  not 
make  tho  original  defective.  I  dosiro  to  mnko  tho  objection 
now  to  receiving  tho  record  in  ovidonce  ns  tho  paper  itself 

6  is  before  tho  Court.  I  don’t  ask  your  ilonor  to  rule  on  tho 
point  now. 

The  Court :  Tho  witness  will  show  mo  tho  hook  at  all 
events. 

(Witness  hero  shows  tho  record  hook  to  tho  Court.) 

Q.  Will  you  stnto  to  tho  Court  whether  tlmt  word  “  or” 
between  tho  words  mechanical  and  telegraphy  has  been 
interlined  there. 

7  (Objected  to  on  the  ground  previously  stated.  Objection 
overruled.  Exception  taken.) 

A.  It  hns  tho  nppcnrnnco  of  being  interlined. 

2 he  Court:  It  speaks  for  itself — tho  question  is  perhaps 
•  objcetionnblo  in  tlmt  point  of  view,  hut  I  don’t  understand 
tho  counsel  to  put  his  objection  on  tlmt  grouud. 


§  Mr.  Dioltoraon, :  Wo  will  hnvo  it  photographed. 

“j  Q.  Also  is  it  in  tho  snmo  ink  ns  tho  original  record, 
if  (Objected  to.) 

'  A.  It  is  in  different  ink. 

■,  Q.  And  different  pen  ? 
is;  A.  Yesj  it  scorns  to  ho  a  different  ink. 
ivj  Q.  In  tlie  months  of  January,  February,  March,  April 
and  May,  1875,  wliuro  and  how  was  tho  seal  of  tho  Patent 
Otllce  kept  i  g 

A.  It  was  in  clmrgo  of  tho  clerk  who  had  charge  of 
making  copies. 

Q.  Was  it  whore  it  could  bo  used  hy  nnyono  7 
: ■'  Q.  It  was  in  a  room  that  never  was  locked,  and  tho  seal 
itself  was  not  locked. . 

■:j  Q.  Look  at  for  instnneo  tins  printed  form  of  a  cortiflcnto, 
Which  is  auuuxcd  to  a  cortiliuato  datud  April  14,  being  a 
.Certificate  from  tho  Patont  Olllco  of  a  copy  of  this  docu- 
iment.  I  asked  where  those  blank  certificates  were  kept, 
•and  in  what  condition  they  wore  kept— I  speak  of  that 
.  oluss  of  certificates -  10 

Mr.  Wheeler :  I  should  like  to  know  what  tho  object  of 
that  inquiry  is? 

|  Mr.  Dielicnon :  I  linvo  no  hesitation  in  tolling  you.  The 
seal  of  the  Patont  Ofliuu  at  that  timo,  and  these  blank 
certificates  signed  hy  the  Commissioner,  m  blank,  ready 
to  ho  filled  in  by  whoever  had  authority  or  might  use  thorn 
were  open  to  anybody;  at  that  timo  they  were  kept  in  tho 
,  olerk’s  oflleo,  and  anybody  could  go  and  gut  one— tho  seal 
fwas  open  to  anyouu.  Since  thu  present  Commissioner  11 
.(uiiuo  in  ho  has  put  tho  seal  under  lock  and  key,  and  put 
tlio  key  in  tho  control  of  somebody  where  it  cannot,  ho  so 
used.  But  I  am  speaking  of  tho  condition  of  things  when 
tlicso  wore  made. 

■iff  Mr.  Wheeler:  I  don’t  seo  how  tlioso  things  are  material ; 
that  is  tho  ground  of  my  objection.  It  will  ho  opening 


al  instrument  01  wiin.ii 
bears  on  its  face  such  u  condition 
»  that  wont  as  to  givo  rise  to  ran- 
ween  the  parties  nlreiuly.  i  tlont 
stata  of  tlm  pleadings  as  to  tlmt 
lilooviilout  that  tlioro  is  to  tie  cun- 

it  hesitate  to  toll  my  friend  wlint  1 


■twill  bo  called  upon  by  the  counsel 
lino  whet  her  there  is  a  word  “or 


m  more  besides.  •  What  is  men 
noceed  to  show  your  honor  tlmt 
w  before  you  broke  out  that  jjj 
e  books  of  the  1’atent  Ollice  stir.  ' 
w  by  whom  at.  present. 

y  bo  and  probably  is  competent 


tlio  .into  wlion  that  alteration  in  tlio  record  was  made.  J  ho 
paper  that  Brother  Wheeler  lias  is  the  certificate  of  record. 
The  record  of  what  ?  Why,  whatever  was  under  the  cover 
of  tlio  cortillonto.  It  Inis  no  »  or”  in  it.  I7ow,wo  ,mv®> 

.will  oiler  in  a  moment,  tlio  eortlfleato  of  tlio  1  ntont  Ollleo 
i  'of  .Tammry -7, 1875,  without  tlio  word  “or.”  Then  Brother 
Wheeler  1ms  liere  tlio  cortillonto  or  tlio  Patent  Ollleo  ol 
'  ’April  U  with  tlio  “or”  In.  Those  are  the  fences  that  do- 
•  lino  the  limits  of  timo  within  which  tlio  forgery  was  done. 

'  And  now  I  uni  going  to  show  under  what  circumstances  it 
■  was,  and  to  show  that  this  paper  did  not  oomo  from  the 
.  Patent  Ollleo  at'  all. 

Mr.  11  'heeler:  You  can’t  show  that.  This  is  dated  tlio 
: '  l  ltli  of  April,  1877,  and  not  187». 

The  Court:  Tlio  only  question  now '  before  tlio  Court  is 
5  whetl, or  it  is  competent  for  Mr.  Dickerson  to  l’1;1 
the  blank  forms  on  which  the  eort, (lea  os  More  habituallj 
.issued  were  accessible  to  tlio  public  at  largo. 

1  '  (Question  waived). 

:  f  n  Xnw.  I  will  ask  you  to  loolt  at  this  copy,  and  wo  wll 


.Mr.  Wheeler  :  I  would  like  mi  objection  noted  to  Hint  to 
The  Court:  As  a  matter  of  judicial  notion  I  cannot  put:  tlio  same  point,  on  the  sumo  ground  ns  Hint  previously 
[ion  the  record  without  consent.  stated. 


Mr.  Wheeler:  Then  I  innko  no  admission. 

Q.  Was  tlml  manuscript,  copy  prepared  in  the  fatal 
mice } 

A.  1  think  all  copies  aro  made  by  ladies  in  the  Pates: 
lllce,  ami  I  don’t  think  this  is  a  lady’s  handwriting;  I 
juldn’t  say  positively,  though,  whotherall  copies  are  iiiiiA 
y  them  or  not;  but  1  think  that  all  copies  are  made  In 
idles. 

Q.  Aro  tho  copies  from  the  Patent  Oftleo  examined,  ant 
mrked  examined,  before  they  are  cerlilicd  f 
A.  Yes;  they  are  examined,  and  the  initials  of  the  clal 
ho  makes  thu  examination  are  put  at  the  end  of  the  cop; 
loy  give  tho  date  of  record,  I  think,  of  tho  instrniucr 
self,  and  then  under  Hint  date  of  record  the  initials  of  tli 
ork  who  makes  tho  comparison  or  reads. 

Q.  ( liy  ihe  Court.)  Tlioso  initials  indicate  that  tho  cop; 
•  wlmt  purports  to  be  a  copy,  has  been  compared  with  tl 
icord  1 

A.  Yes,  sir;  and  the  initials  of  tho  clerk  who  mmlo  tb 
miparison. 

Q.  And  this  copy  has  not  that  on  it,  has  it  l 

A.  I  don’t  see  it  an  where;  i  don’t  see  anything  of  tb 

ind  here. 


Mr.  II heeler :  Let  me  understand.  Do  you  oiler  tlmtit 
.'idonco  1 


Tho  Court :  1  will  tako  tho  evidence  and  sco  wlmt  tho 
practico  is. 

,.|A.  Tho  practice  is,  if  nil  error  was  inado  by  a  clerk  in  re¬ 
cording,  and  the  attention  of  tho  oflico  was  culled  to  that 
and  the  original  instrument  in  writing  was  produced,  and 
after  a  careful  examination  it  was  found  that  an  error  did 
bbcur  it  would  be  corrected. 

^Q.  Supposing,  in  copying  it,  the  clerk  should  have  omitted 
a  word  and  tried  to  interline  it,  whatwoiild  be  tho  practico 
of  tho  oflico  in  correcting  the  face  of  tho  record  at  the  timo 
of  making  it  t 

A.  jSo  interlineation  would  bo  made  if  there  was  no  room 
to  put  in  thu  word  without  making  an  interlineation ;  a  por¬ 
tion  ol  tho  record  would  bo  erased,  anil  it  would  bo  written 
closer  and  smaller,  so  that  the  word  could  go  in  in  its 
proper  place,  so  that  it  would  not  appear  as  an  intorliuoa- 
tion  at  all. 

Q.  {By  the  Court.)  lfow  could  that  bo  if  tho  omission 
was  not  discovered  until  after  tho  whole  record  was  com¬ 
pleted  t 

■tA.  It  could  bo  done  by  erasing  a  lino  or  half  a  lino;  if  a 
word  was  loft  out  they  could  erase  two  or  three  words 
either  bol'oro  or  after  thu  word  that  should  go  in,  and  then 
writo  tho  word  in  mid  write  that  that  was  erased  smaller, 
so  that  it  could  come  in  in  its  proper  place,  and  tho  record 
then  would  bu  made  without  any  interlineation. 

~|.Q.  Looking  through  that  book,  aro  there  any  interlinea¬ 
tions  iu  it  nnvwhcrof 


Mr.  Dickerson :  I  do. 


nrginui  note ;  if  thcrownsa  marginal  notu  nr  n  paragraph 
the  bottom  stating  that  iitterliiieatioiiK  or  certain  lines 
ere  nimlu  buloro  signing.  Hint  would  be  put  ti]ion  the 
cord  to  show  that  it  tvns  n  true  copy. 

Q.  Like  n  Chinese  copy  t 
A.  Yes,  sir. 

Q.  Wns  Hint  word  “  oi"  in  this  rcoord  pul  tlierc  with 
lur knowledge  or  consent? 

A.  No,  sir.  1  knew  nothing  about  it  until  this  Inst  tea 
>ys  or  two  weeks;  it  wns pointed  out  tome  by  an  attorney, 
Ir.  l’ollock  mill  Mr.  Dickerson.  1  knew  iiolliing  about  it; 
int  wns  the  Hist  intimation  1  bad  Hint  there  wns  any  roll¬ 
overs}' about  it,  or  that  there  was  any  interlineation.  I 
adc  this  examination  then  and  saw  it. 

Mr.  Didrnon  ;  Wo  will  offer  that  and  furnish  a  photo- 
Ihogrnphic  copy  of  it. 

(l’lloto-lithogiapbio  copy  of  the  original  record  in  the 
ntcut  Ofllco  will  bo  marked  Exhibit  .'17,  and  the  cert  illcd- 
>py  of  the  record,  dated  April  1-1,  1S77,  will  be  marked 
xhibit  DU.) 

'ms-examination  by  Mr.  Wheeler. 

Q.  You,  JJr.  Wilson,  as  I  understand  it,  do  not  supervist 
io  copying  of  papers  sent  to.tlio  Patent  Ollicc. 

A.  No,  sir;  l  have  no  control  over  that  branch  of  the 
nsiiicss  at  all. 

Q.  Who  is  the  person,  that  receives  the  papers  wlieuthoj 
rat  come  to  the  ollico  to  be  recorded! 

A.  1  have  charge  of  tho  reception  and  indexing;  I  imike 
n  index  and  digest  of  the  ussimiiiicut.  an  index  of  it.  and 


tno  uoo ic  Kept  tor  taut  purpose  f 
A.  Yes,  sir. 

Q.  And  then  you  deliver  it  to  the  copying  department. 

Q.  Now,  to  whom  do  you  givoit  in  tho  ordinary  courso 
of  business — to  whom  did  you  in  tho  year  1S71 1 
A.  la  the  year  1871, 1  gavo  it  to  a  man  by  tho  linmo  of 
.  Statiniiis,  who  had  charge  of  the  business  at  that  time. 

Q.  Thop  ho  had  charge  of  the  copying  department ! 

A.  He  had  charge  ofcopyiiigassiguiiiouts— he  had  clinrgo 
of  the  record  of  assignments. 

Q.  Wlmt  I  call  the  copying  is  tho  copying  into  this  book 
‘or  similar  books  of  original  instruments  1 

Q.  lie  had  cliargo  of  that! 

A.  Yes,  sir. 

Q.  And  under  him  were  numerous  copyists? 

A.  Tho  usual  expression  is  recording. 

Q.  It  seems  to  mu  that  copying  expresses  moro  clearly 
what  I  wanted  to  getut — the  copying  into  the  book.  Now 
he  had  under  him  numerous  copyists  who  did  the  manual 
work  of  transcribing  into  tho  books  kept  in  tho  ollico  for 
the  purpose  of  recording  instruments  received,  hail  ho 
not! 

!  A.  Yes, .sir. 

Q.  Do  you  know  in  whoso  handwriting  that  book  of  ro- 
::  A.  I  do  not,  sir. 

;  Q.  It  is  not  in  tho  handwriting  of  Mr.  Stntinius,  of 
i  A.  No,  sir. 

■  Q.  llow  many  copyists  woro  employed  in  tho  ofllco  in 
1871  for  that  purposo  !  2 


Ir.  Dickerson.  Tlio  certified  copy 


lias  the  letter  "l”  in 


ss-examinalion  liy  Mr  Wheeler. 

As  I  understand  you  tills  supervision  of  correcting  a 
ird  by  reference  to  tlio  original  was  not  under  your 
ervision  ;  but  so  i'ur  as  it  was  under  tlio  supervision  of 
subordinate  in  the  olliee,  it  was  under  that  of  .Mr.  Stat¬ 
us.  Js  not  that  so? 

..  Yes,  sir ;  1  had  no  control  of  the  record  of  assignments 
opics  of  assignments. 

.  Do  you  recognise  the  handwriting  Of  tiiis  irtauuscri|it 
ificuto  which  is  written  in  tiiu  margin  uflixhibit  it? 

..  1  don’t  know  that  that  certificate  was  written  by  the 
le  clerk  who  placed  those  initials  there  or  not  j  1  think 
;  those  uro  l'uiiny  McMahon's  initials,  and  that  would 
icato  that  she  had  niiulo  the  examination  of  this, 
j.  lint  the  certificate  is  not  in  her  handwriting! 
l.  2s o,  sir;  not  in  her  handwriting :  the  record  was  made 
another  clerk,  and  tlio  examination  or  reading  of  tlio 
a'uiuuutwas  made  by  Miss  McMahon. 

•.  Is  not  this  certificate  here  in  tlio  handwriting  in 
ich  the  body  of  the  record  is  written  ? 

!.  And  then  tlio  signature,  Samuel  A.  Duncan,  is  in  his 

l  handwriting  1 

..  In  his  own  handwriting. 


Mr.  Wheeler.  This  has  the  word  “model”  in  it  instead 
«  modes,”  in  tlio  second  lino  from  the  bottom  or  the  fl: 
page.  Wo  object  to  tlio  introduction  of  this  copy  on  t 
ground  previously  stated  in  regard  to  tlio  record  ;  also, 
the  ground  that  there  being  a  certified  copy  from  t 
Patent  Olliee  of  this  record  in  it  is  not  competent  for  tin 
to  impeach  either  the  original  or  tlio  copy  by  putting 
another  copy ;  that  that  could  only  ho  done  by  the  introdi 
lion  of  parole  ovidonco  of  the  parties  who  had  that  ilcpii 
meat  in  charge,  showing  the  net  util  facts  and  tlio  Introdi 
tioii  of  another  eertiliento  on  tlio  subject  does  not  tend 
impeach  either  the  copy  already  in  or  the  original  rccc 
which  has  boon  offered  in  evidence. 

Mr.  Dickerson :  It  tends  to  show  what  tlio  stato  of  t 
record  was  at  its  date ;  I  think  it  is  competent  in  tl 


Mr.  Wheeler :  I  would  like  to  liavo  tlio  objection  notci 

J  Vie  Court ;  Koto  tlio  objection,  and  that  tlio  document 
I'ecuivcd  and  that  an  exception  is  taken  by  tlio  plainti 
counsel. 

Agnes  E.  Blodgett,  callod  for  tlio  defence,  sworn. 

Direct  examination  by  Mr.  Dickorsou. 


dcnco  wore  being  offered  by  Mr.  Wheeler,  ho  offered  con- 
voynneos  by  a  Samuel  M.  Mills  to  the  A.  and  P.  Telegraph  J 
Company,  marked  11  Exhibit  M,”  also  the  papor  marked 
“Exhibit  L  "  in  tlie  book  of  exhibits,  all  of  which  occurred 
after  1  had  made  the  somewhat  premature  and  certainly 
futile  motion  to  your  Honor  to  direct  the  plaintiff  to  elect 
upon  which  of  these  titles  ho  should  proceed.  Your  Honor 
asked  him  to  wlmt  portion  of  the  complaint  they  icfoncd 
to,  and  his  an  uer  w  is  tl  t  tl  ey  enmo  under  the  general 
allegation  of  a  complaint.  At  tho  moment  I  v  a  o  c  I  at 
surprised,  and  thought  I  had  certainly  overlooked  some  n 
thing  in  the  complaint,  and  nothing  further  was  said  I  8 
suppose,  however,  it  is  not  too  late  now  to  call  attention  to 
the  fact  that  thero  is  no  allegation,  either  general  or  specific, 
m  tho  complaint,  which  would  justify  the  readin"  of  theso 
papers  in  evidence.  I  now  propose,  in  proper  form,  to 
move  to  strike  out  of  tlio  plaintiiT’s  evidence  these  two 
papera.  Should  my  friend  think  it  proper  to  amend  his 
complaint  so  ns  to  conform  to  tho  proofs,  I  suppose  your 
Donor  will  permit  him  to  do  so ;  for  if  it  remains  it  will  ho 
accessary  for  us  to  call  witnesses  that  otherwise  would  not  nc 
be  necessary  to  the  case. 

Mr.  Wheeler:  Thero  is  a  gcnoral  allegation  nt  tho  foot  of 
l>ngo  2,  and  tho  top  of  page  3  of  the  complaint,  which  avers 
that  Jay  Gould  executed  and  delivered  to  this  plaintiff',  for 
a  valuable  consideration,  an  assignment  of  nil  his  interest  in 
the  Duplex  and  Quadruplex.  It  is  not  averred  as  specifi¬ 
cally  as  it  ought  to  be,  and  it  is  desirable  that  tho  complaint 
should  bo  amended  in  that  regard,  and  I  would  ask  that  we 
have  permission  to  nmend  it,  in  order  to  conform  to  tho 
proof.  ,  89 

Mr.  Porter:  I  would  like  to  have  it  sworn  to,  ns  it  is  pro¬ 
posed  to  be  amended. 

The  Cowl:  Tho  amended  bill  should  bo  verified. 

Mr.lowmj:  There  is  one  other  point  to  which  I  desire 
0  call  your  Honor’s  attention  and  that  of  my  learned  friend. 


100  I  find,  upon  a  oriticnl  examination  of  the  complaint,  that 
there  is  no  specific  reference  to  tlie  three  applications  that 
lmvo  been  put  in  evidence  here,  and  which  are  in  contro¬ 
versy  between  us.  The  applications  I  refer  to  are  111, 
112  and  113.  I  think  it  would  ho  belter  to  have  this 
formally  staled  in  the  complaint. 

Mr.  Whaler:  I  think  it  would  bo  advisable  to  lmvo  the 
bill  amended,  also,  in  that  regard.  Of  courso  tho  answer  will 
be  considered  to  stand  ns  to  tho  amended  bill. 

101  Mr.  Lowrcy :  Tlint  we  cannot  ngreo  to.  Wo  may  lmvo  to 
amend  the  answer  after  seeing  the  complaint  ns  amended. 

Om-iito  Augume.nt  or  Mil.  Lowittsy. 

I  lf  the  Court  please :  At  tho  end  of  nearly  four  weeks  of 
ljoth  l,nMic.s  have  received  from  the  Court 
mu  ml  indulgence,  especially  in  the  extension  of  the  term, 
„  ° ,  t0.  d,sl,oso  °f  this  very  important  cause,  we  feel 

upon  our  side  not  only  bound  to  acknowledge  such  indul. 

2  Sb  fw  "SCn-°UPHn10',r  t0”mit'  as  lmw 

possible,  wlmt  remains  to  be  done,  so  that  this  case  can  he 

103  8»pl.  Company  of  the  right  of  title  of  Jh  Harri!1? 

die  complain,  and  wo  il.-T  °  *  "lotion  dismiss 

coA  „■  £' 'r  "  r" - 

1  are  lllat  no  caso  lias  been 


made  entitling  tho  plaintiff  to  tho  relief  asked  for,  to  make  in, 

that  mot, on;  but  there  are  very  strong  wishes  in  the  mind 

of  certain  of  our  Cents  that  this  controversy,  which  has 
been  in  dispute  in  the  Patent  Office,  and  which  has  been  in 
the  mouths  of  telegraphers  for  several  years  past,  and  in  tho 
courso  of  winch  many  unkind  and  unfounded  aspersions 
have  been  made,  should  have  now  a  f„  1  „  ,  Jcl  „ 
ventilation,  and,  accordingly,  it  has  been  resolved  to  trespass 
further  upon  your  Honor’s  patience,  and  to  put  upon  the 
stand  witnesses,  as  much  that  our  friends  on  the  other  side 
may  have  an  opportunity  of  cross-examining  them,  which  itw 
they  seen,  to  need,  as  that  your  Honor  may  have  before  you 
evidence,  all  of  it  tending  directly  to  refute  tho  testimony 
Inch  has  been  given  by  tho  plaintiff.  I  regret  very  much 
hat  my  brother  Whcolor  thinks  it  would  not  bo  fair  for  mo 
to  make  a  shorter  opening  than  ho  did.  Since  that  intima- 
hon  I  have  not  had  tho  time,  in  tho  condition  of  health  in 
winch  I  have  boon,  to  proparo  an  oxtondod  oponing,  evon  if, 
our  mow  of  tho  ease,  wo  lmd  not  doomed  it  entirely  un. 
necessary.  Since  our  courso  in  the  matter  has  boon  deter. 
oTerL  t'!a  'T"0t-  md  tho  0PI’°,’tu„ity  to  prepare  any  m 
fairToTh  dTorc„ t  °PO„ ' „=•  I  wish,  however,  to  be  perfectly 
fair  to  lie  counsel  upon  the  other  side,  and  1  will  say  that 
0UBhl*nV>fa5°MOf  1,10  UnS0’  it  nPP°nra  to  them  that  they 
0‘™  r0"l'US  any  intinWtio“  in  ro8urtl  any  point 
« 1110,1  may  bo  supposed  to  bo  veiled  from  the  n,  or 
e  I,  w,s  ,  we  shall  most  eheerfully  inform  them.  We  have 
ortho  ’  0r‘tll0r  111  t,1U  of  °P«ni"S  arguments 

lias  u  ?  °f  faots ’  trusting  that  the  little  which 

oced^to  mil'll Wl  Ist  f°u„d  tb  be  enough,  we  will  pro- 
need  to  call  tho  witnesses  for  tho  dofonce.  1  107 

JaSej,h  T‘  called  by  defendants  and  sworn. 

Examined  by  Mr,  Lowroy. 

have boonln'f  y°"  aro  a  toleSraph  instrument  maker,  and 
y™  0  t°r  some  years  past? 

A-  Yes  sW  3’°U  r0Sid°  ‘n  No'rark? 


108  Q.  You  are  engaged  in  business  there? 

Q.  Do  you  know  Thomas  A.  Edison  and  George  Harring¬ 
ton,  and  it  so,  how  long  have  you  known  thorn  ? 

A.  I  have  known  Mr.  Edison  since  1870,  and  Mr.  Unr-' 
rington  since  tl  c  ci  c  t  of  the  year  1871. 

Q.  Wore  you  in  the  employment  of  Mr.  Edison  in  1S70] 
and  it  so,  whore  and  in  wlmt  enpaeity  7 
A.  I  was  with  Mr.  Edison  in  1870,  near  the  closo  of  that 
year. 

109  Q.  In  Newark  ? 

A.  Yes. 

Q.  In  wlmt  capacity  7  . 

A.  Assisting  him  in  his  experiments. 

Q.  When  did  your  employment  by  Mr.  Edison  terminate, 
and  in  wlmt  manner? 

A.  It  terminated  in  1872. 

Q.  By  Mr.  Edison  nlono  ? 

A.  I  tlion  wont  into  partnership  with  Mr.  Edison. 

;  Q-  ^hl  you  go  into  the  employment  ot  Edison  and  Ear- 

110  rington  at  any  time  during' tho  period  that  you  lmvo  spoken 

A.  I  did. 

Q.  When  ? 

A.  January,  1871. 

Q.  Then  your  employment  by  Mr.  Edison,  solely,  termi¬ 
nated  whon  you  went  into  tho  employment  of  those  two  ? 

Y°u  "°  say  y°  cml  loy  nc  t  tli  Mr.  Edison, 

111  ^  .and  tlmt  y°u  'v°nt  into  tho  employment 

themtmi8mnn'"’slon’ nnd  continuod  t0  b0  omP'°^d  b>' 
A.  I  was  partly  with  lnm  and  partly  with  Mr.  Harring¬ 
ton  ;  I  received  pay  from  each. 

Q.  Bid  you  know  of  tho  organisation  of  the  firm  of  Edi- 
A  JcT"8  187°'  mid  °f  ll,0ir  e°ine  into  business? 


Q-  Did  they  employ  you  ? 


A.  Yes. 

Q.  How  long  did  you  continue  in  tlisir  employment  ?  112 

A.  From  January  9,  1871,  until  Fobrutiry  5,  1872. 

Q.  Wlmt  was  tho  occasion  of  your  leaving  their  employ. 

.  incut?  1  J 

A.  Tho  reason  was  because  Mr.  Edison  had  severed  his 
relation  with  Mr.  Harrington  in  manufacturing,  and  I  went 
with  him. 

Q.  Wliero  did  ho  go  to  ? 

A.  He  had  a  shop  in  Hnilroad  street,  Newark,  separate 
from  tho  shop  of  Mr.  Harrington.  .... 

Q.  lie  wont  to  that  shop  ?  118 

A.  Yes. 

Q.  Previous  to  that  time,  wliilo  you  wero  with  them,  was 
he  always  or  principally  at  tho  shop  whore  tho  business  of 
Edison  St  Harrington  was  carried  on  ? 

A.  Ho  was  tlicro  principally. 

Q.  Participating  in  tho  work  ? 

A.  Yes. 

Q.  After  tho  time  whon  ho  went  away,  did  ho  return  to 
do  any  work,  to  your  knowledge,  to  that  shop,  or  to  partiei-  m 
doing?  * 10  bUS‘"CSS  Whiel‘  12t]is011  *  U«rrington  had  been  • 

A.  Never. 

Q.  Ho  never  did  ? 

A.  No,  sir. 

Q.  Did  you  lmvo  any  conversation  with  Mr.  Harrington 
n  or  about  that  timo  concerning  tho  sovornneo  of  the  rela¬ 
tions  as  you  have  described  between  Edison  and  himself? 

A.  I  did. 

(Objected  to  on  the  ground  that  any  conversation  between  115 
Bible- llnCSS  !Uld  ^r‘  ^nrr‘"St0"  ’s  not  competent  or  ndmis- 

Die  Court:  I  think,  in  respect  to  third  persons,  that  tho 
declaration  of  both  to  tho  elleet  that  the  partnership  had 
evid  nt  n  *>art’ou*nr  l',noi  >3  competent  I  will  receive  the 


(Plaiutifi’s  counBol  excepts.) 


116  Mr.  Wheeler:  I  don't  understand  your  Honor  as  passing 
upon  tlio  efl'eots  of  tho  evidence. 


The  Court :  Certainly  n 


Q.  What  did  you  hear  Mr.  Harrington  say  ? 

A.  I  met  Mr.  Harrington  on  Broadway,  and  he  made 
inquiries  from  me  what  Mr.  Edison  was  doing. 

Q.  When  was  that? 

A.  I  believe  it  was  in  the  year  1873. 

Q.  Before  1873,  at  or  about  the  time  that  Mr.  Edison  loll, 
117  did  you  hoar  any  conversation? 

A.  No,  sir. 

Q.  Had  Mr.  Edison  gone  away  and  remained  away  ? 

A.  Yes. 

Q.  He  went  away  and  had  nothing  more  to  do  with  the 
...  t  mifnetnring  was  concerned.  Is  that 


business,  so  far  as 


SO? 


A.  Ho  loft  the  factory  and  never  went  back  to  it 

Q.  Do  yon  know  of  tho  automatic  telegraph  lino  or  its 
business?  Have  you  at  any  time  known  about  n  concern 
118  of  that  kind  in  any  way  ? 

A.  Yes. 

Q.  Do  yon  know  whether  Mr.  Edison  has,  at  any  time, 
acted  ns  electrician  for  that  company  ? 

A.  Yes. 

Q.  Whon  did  he  begin  to  act  as  electrician  for  that  com¬ 
pany  ? 

A.  I  cannot  answer  that, 

"°w  a  PeriolJ  time  that  you  aro  speaking 
of  m  1873.  Was  it  not  at  that  period  that  you  met  Mr. 
110  Harrington  ? 

A.  After  I  had  seen  Mr.  Harrington,  Edison  resumed 
1,10  Autom“tic  Telegraph  Company, 


at  64  anil  66  Broadway. 

vnLlIhC",r,U  m.0t  Mr-  U^rington,  bad  you  any  con- 
vcrs.ition  with  lmn  in  respect  to  Mr.  Edison’s  then  business 


Q*  Wliat  did  ho  then  say  ? 


(Objected  to  on  the  same  ground  as  heretofore  statce 
Same  ruling  and  exception. 


v  what  Mr.  Edisoi 


A.  Mr.  Harrington  wanted  to  1 
was  to  work  at.  I  told  him  ho  w 
wanted  to  know  if  lie  could  see  him.  I  told  him  yes,  tha 
•be  could  probably  find  him  at  tiie  factory  on  Hailroa  1  street 
lie  asked  me  if  I  thought  there  was  any  use  of  his  trying  t< 
get  Edison  back  again.  I  told  him  I  thought  there  was,  on 
conditions;  the  conditions  to  be,  that  lie  was  not  to  bu  in 
trrruptcd,  and  that  he  should  have  command  of  everythin* 
in  relation  to  thonnlomntic  system,  and  manage  it  in  his  owr 
way.  1  believe  lie  corresponded  witli  Mr.  Edison  on  that 
point,  and  brought  about  an  arrangement  so  that  Mr.  Edi 
son  went  there  to  work. 

Q  Where? 

A.  At  (14  Broadway. 

Q.  That  was  tho  oflicc  of  the  Automatic  Company  ? 


A.  Yes. 


Q.  Went  to  work  at  wliat,  did  you  understand  ? 

A.  Managing  the  company,  running  the  line;  working  tho 
system  between  New  York  and  Washington. 

Q.  Did  he  return  thereafter  to  the  shop  of  Edison  & 
Harrington? 

A.  No,  sir. 

Q.  Alter  the  time  of  his  leaving,  in  1872,  did  lie  par¬ 
ticipate  in  the  manufacture  at  that  shop,  or  participate  iu 
,l,n  business  which  was  being  carried  on  there  ? 


A.  No,  si 


A.  I  in 


—  partnership  with  Mr.  Edison. 

Q.  When  did  you  go  in  partnership  with  him  ? 

A.  February  6,  1872.  o' 

Q-  In  what  business? 

A.  Manufacturing  telegraph  instruments. 

<1- .Where  7 

A.  113  and  116  Hailroad  avenue,  Newark,  i 
Q-  Was  there  any  limit  to  tho  terms  of  this  copartnership 
*  J'ou  "lal*°  with  him?  Was  your  entire  time  and  at¬ 
tention  giveu  t0  tijU  business?. 


.  By  Mr,  Lowrcy: 

125  Q.  You  went  to  work  under  that  management,  and  com 
tim|ed  to  work  under  it  for  how  long  ? 

-'A.  Until  May  25, 1875. 

Q.  Wlmt  was  the  firm  name? 

'  A.  .M  urray  &  Co. 

Q.  Do  you  know  whether  Mr.  Harrington  know  of  the 
existence  of  this  firm  ? 

A.  Ho  did. 

UIKler  l>iat  <inn  name  did  you  do  any  business 
120  with  Mr. Harrington? 

A.  Yes,  sir. 

Q.  Wlint  business? 

A.  Manufactured  automatic  instruments  for  him. 

A  Yes  sir'* rCt0iVUl'  l"‘y  U|,°"  llia  ordo™'/ 

Q.  And  received  payments  from  him  ? 

.  A.  Yes. 

■■  J.  SZ'mCpS  i's!  “““l  ’ 

m  ,l,lw  ‘•t'"  ■■ — “  J"  '■*«""  «»», « 

.  A.  Yes. 

A.  Yes  °°ntinUed  dUring  tll0se  thrco  years  ? 

in^tho  °VOr  mako  olailn  uPon  you  that, 

something  for  tl  °f  •  "S  nccounts>  *>«  should  be  allowed 
A  ?st  SOrV1CCS°r  Mr'  Edison  “  »'«•  partner  ? 

tlic\n; .,.r i m!!*  ll"  nK  sai(*  by  him  in  any  way  to 


Q.  Was  the  employment  by  Mr.  Harrington,  of  your 
firm,  partly  regular  and  constant  during  tins  period  ? 

A.  Yes.  j 

Q.  You  imd  regular  monthly  settlements  with  him? 

A.  Yes. 

Q.  During  all  these  threo  years  ? 

A.  Yes. 

Q.  These  settlements  were  with  Mr.  Harrington  alone  on 
the  one  side,  and  by  the  firm  of  Edison  &  Murray  on  the 
other? 

A.  Yes.  I  want  to  ‘mako  an  explanation  in  regard  to 
that.  Edison  had  tlirco  distinct  partnerships;  be  had  one  with 
Mr.  Hatringlon,  and  had  ono  with  Mr.  Unger  in  Hailroad  11 
street,  and  he  had  one  with  me.  He  and  Mr.  Unger  sepa¬ 
rated,  and  afterwards  he  and  Mr.  Unrrington  separated,  and 
men  I  came  in  with  Mr.  Edison,  under  tho  head  of  Edison 
£  Murray. 

Q.  These  settlements  continued  between  Harrington,  on 
dbo  side,  and  Edison  &  Murray  on  the  oilier  ? 

A.  Yes. 

Q-  Eor  what  period  of  timo  ? 

i  bfp  to  the  last  transaction  wo  bad  with  the  Automatic  to 
company,  previous  to  its  being  sold  out. 

When  did  you  begin  under  tho  title  of  Edison  & 
durray? 

A.  Sometime  in  October. 

Q-  Of  what  year  ? 

0  mi1878’ 1  thin.k  :  lll°  books  wi»  3how. 
lidn’t  ICn  ^°U  sn'd  Oioro  were  three  partnerships  you 
10  exPress  y°ur  opinion  that  tliese  partnerships 
_ _ „  wbl  0  tbe  firm  of  Edison  &  Murray  was  doing  busi- 


A.  No,  sir;  lie  had  .severed  with  Mr.  Harrington 
time. 

Q.  And  then  afterwards  with  Mr.  Unger  I 


Q.  And  afterwards  still  with  yourself? 


Oross-examintilion  hy  Mr.  Butler. 

Q.  When  you  first  went  to  work  with  Mr.  Edison  or  Mr. 

<j  Edison  and  Harrington,  where  were  you  employed ;  I  mean 
in  what  building? 

A.  100  Bailroad  avenue;  thcro  were  several  numbers  to 
the  building;  it  was  rather  a  long  building;  there  were  105, 
107, 100  and  111,  I  believe. 

Q.  You  went  to  work  in  100,  and  that  was  a  shop  for 
manufacturing ;  was  it? 

A.  Yes. 

Q.  And  what  instruments  wore  there  manufactured? 
Please  state  a  little  in  detail. 

£  A.  We  manufactured  stock  printers  for  the  Gold  anil 
Stock  Telegraph  Company ;  that  wns  one  article,  and  then  wo 
manufactured  electric  ventilators  for  Dr.  Stoutonburgh,  of 
Now  York,  and  other  articles ;  we  manufactured  a  variety  of 
different  instruments,  also,  for  the  Automatic  Company. 

Q.  The  business  of  tbut  shop  wns  simply  mechanical 
manufacture,  wns  it? 

A.  Yes. 

Q.  And  you  worked  at  that  with  Mr.  Edison  and  Harring¬ 
ton  until  1871,  when  Edison  left;  what  time  was  that  in 
15  18717 

'  A.  It  wns  October  28,  1871. 

Q.  Then  during  that  timo  lmd  Edison  any  shop  or  place 
where  he  worked  himself  sometimes,  making  experiments? 

A.  Yes. 

Q.  Where  was  that  ? 

A.  It  was  close  to  the  canal,  in  Newark. 

Q.  Unfortunately  I  am  not  sufficiently  well  acquainted 
with  Newark  to  know  where  the  canal  is.  Pleaso  stato  a 
little  more  definitely. 


A.  It  is  about  a  half  a  milo  from  whore  Mr.  Harrington  l 
and  Mr.  Edison’s  shop  was. 

Q.  Then  there  were  two  shops  that  you  have  described; 
one  at  10!)  liailroad  avenue,  and  then  Mr.  Edison  had  a 
shop  where  he  carried  on  bis  experiments  ? 

A.  Yes,  sir. 

Q.  His  experimental  shop,  ns  you  may  call  it? 

A.  Yes. 

Q.  How  many  man  were  employed  nt  109  ? 

A.  They  vnried  from  ton  up  to  fifty.  * 

Q.  According  to  the  state  of  business?  1 

A.  Yes. 

Q.  How  many  mon  had  Mr.  Edison  in  his  shop  near  the 
canal  ? 

A.  lie  usually  kept  two.  *' 

.  Q.  And  that  stato  of  things  continued  down  to  October 
28,1871? 

A.  No,  sir ;  not  tho  experimental  shop ;  that  was  for  his 
personal  purposes. 

Q.  Did  that  experimental  shop  continue  until  October 
1871?  1, 

A.  No,  sir. 

U-  When  did  ho  quit  this  experimental  shop? 

A.  Tho  experimental  shop  was  m  existence  probably 
three  or  lour  months. 

Q.  Whore  did  ho  go  thon  ? 

A.  Then  lie  wont  with  Mr.  Unger  in  tho  Bailroad  nvenuo 
shop,  about  a  quarter  of  a  milo  or  nearly  that  from  109 
Bailroad  avenue  shop. 

Q.  That  is,  if  I  understand  you.  1m  then  made  some 
sort  of  a  business  arrangement  with  Mr.  Unger,  having  a  y; 
shop  about  a  quarter  of  a  milo  off? 

A.  Yes;  but  ho  wns  in  business  with  Unger  before  ho 
was  in  business  with  Mr.  Harrington. 

Q.  Did  that  business  with  Mr.  Unger  continue  while  ho 
•  was  in  business  with  Mr.  Harrington  ? 

A.  Yes. 

Q.  And  Mr.  Edison  quit  his  experimental  shop  and  wont 
in  the  shop  witii  Mr.  U  nger  ? 

A.  Yes. 


140  Q.  And  continued  Ins  experiments  thoro  7 

A.  Yes. 

Q.  How  long  did  that  arrangement,  undisturbed,  con¬ 
tinue  with  Hr.  Huger  7  )^\  V  1 41 

A.  It  continued  until  somo  time  in  1873,  I  believe. 

Q.  What  time,  as  near  as  you  can  state,  did  Mr.  Edison 
leavo  the  manufacturing  shop  at  100  ? 

•  A.  IIo  left  October  28th,  1871. 

Q.  At  that  time  ho  was  in  the  shop  with  Mr.  Unger  ? 

A.  Yos, 

141  Q.  Was  not  tho  troublo  why  ho  loft  tho  shop  in  Railroad 
avonuo  bccauso  Mr.  Harrington  put  in  a  superintendent 
over  him  in  the  manufacturing  ? 

A.  Ho  superseded  him,  yos. 

•''■Q.  Mr.  Clark  superseded  him  as  superintendent  ? 

A.  Yos. 

Q.  And  thereupon  Mr.  Edison  declared  ho  would  have 
nothing  more  to  do  with  tho  manufacturing,  didn’t  ho  7 

A.  Ho  did. 

Q.  And  loft  Mr.  Harrington  to  carry  on  his  nmnufactur- 

142  ing  undor  his  now  superintendent  as  ho  plensed  ? 

A.  Yos. 

Q-  Did  you  leave  when  Mr.  Edison  did,  or  did  you  ro- 


t  away  tho  saino  day. 

Oft  With  Mr.  Edition  ? 


Q.  You  left  with  Mr.  Edison  ? 

A.  Yos. 

Q.  And  wont  to  Mr.  Unger’s  shop  7 
A.  Yes. 

,  J3,  !>>’  tho  firm  of  Edison  &  Ungor  in  tho 

143  Unger  shop  7  ° 

.  milki"S  printing  instruments  for  tho  Gold 

and  Stock  Telegraph  Company. 

Lh. ,  if  Q-  Any  other  business  7 

-S'  ^tholuTsmess  done  in\ho  imw  shop  of  Unger 4 
■o  with  them,  was  tho  making  of  tho 


Edison,  while  you  w..„  , 

Gold  and  Stock  Telegraph  instruments  7 
A.  Yes,  principally. 


Q.  That  was  what  was  being  manufactured,  and  besides 
that  there  was  experimental  work  going  on  7  1 

A.  Yos,  always. 

Q.  Mr.  Edison  continued  his  experiments  during  tho 
whole  time? 

A.  Always. 

Q.  Mr.  Edison  claimed  tho  Gold  and  Stock  Telegraph 
inanufnctu  ail  what  thoro  was  belonging  to  it  as  his  own 
property,  didn’t  ho  7 

A.  No,  sir;  ho  shared  it  with  Mr.  Ungor. 

Q.  Ho  claimed  it  as  his  own  property,  and  therefore  i  ,r, 
shared  it  with  Mr.  Ungor?  (I 

A.  Yes.  ) 

Q.  And  ho  and  Mr.  Unger  wont  on  with  that  manufac-l 
taro?  " 

A.  Yes.  r  -  > 

Q.  They  continued  down  to  1875  7 
A.  I  believe  so. 

Q.  'When  you  took  Mr.  Ungor’s  plnco  7 
A.  I  did. 

Q.  As  partner? 

A.  Yes. 

Q.  And  mado  tho  same  terms,  so  far  as  you  know,  that 
Mr.  Ungor  had  mndc  with  him  before? 

A.  I  was  a  partner  with  Mr.  Edison  previous  to  that  my- 
solf,  and  whon  I  wont  in  there  I  supposed  I  was  to  have  an 
interest  as  an  equal  partner  with  him. 

Q.  You  wont  in  with  him  as  a  partner  7 
A.  Yes. 

0-  In  what  particular  business  wore  you  as  his  partner? 

A.  Manufacturing  tolegraph  business. 

0-  Any  otlior  business  than  that? 

A.  No,  sir. 

Q.  Such  instruments  as  what  7 

A.  Principally  gold  nnd  stock  and  automatic  machinery. 

Q.  Whenever  Mr.  Harrington  wanted  any  automatic  in¬ 
struments,  models,  etc.,  manufactured,  ho  came  to  that  shop 
for  them  7 

A.  Wo  made  thorn  for  him. 

0-  And  he  paid  for  thorn  from  timo  to 


Q.  How  wore  these  payments  made— principally  through 
Mr.  Edison  or  to  you? 

A.  It  varied ;  sometimes  it  would  come  to  me  personally, 
sometimes  to  Edison,  sometimes  for  tlio  shop  and  sometimes 
f0>'  experiments;  it  was  charged  under  different  heads. 

Q.  When  you  got  an  order  it  was  sometimes  charged  for 
automatic? 

A.  Yes. 

Q.  And  was  accounted  for  on  the  hooks  and  carried  to 

149  Harrington's  account  ns  payments  made  on  account  of  manu¬ 
facturing  sometimes,  and  sometimes  on  account  of  experi¬ 
ments  ?  Von  put  it  down  in  the  hooks  ns  it  was  designated? 

A.  Yes;  1  kept tho books 

Q.  The  experimental  pnrt  was  for  Edison  and  tho  auto¬ 
matic  part  was  for  you,  share  and  share  alike  ? 

A.  Yes. 

Q.  And  that  condition  of  things  continued  to  the  time 
when  Mr.  Harrington  asked  yon  about  seeing  Edison? 

A.  Yes. 

150  Q-  -And  that  was  about  what  time?  I  want  to  get  at  the 
date  as  near  as  yon  can  tell  mo. 

•  A.  I  boliovo  that  was  in  the  fnll  of  1878. 

Q.  Was  itnbont  October  when  you  had  this  conversation? 

A.  No ;  it  was  not  in  tho  fall ;  it  was  before  Edison  went 
to  Europe. 

Q.  When  did  he  go  to  Europe  ? 

A.  no  went  to  Europe  some  time  in  April ;  it  was  prior 
to  his  going  to  Europe;  lie  returned  in  Juno. 

Q.  Then  it  was  about  the  first  pnrt  of  April  ? 

101  A.  It  was  previous  to  that;  I  cannot  fix  the  date  pre¬ 
cisely. 

Q.  It  was  before  April,  1878? 

A.  Yes. 

Q.  Tho  question  with  Harrington  was,  if  I  understand, 
whether  he  could  get  Edison  to  come  back  and  take  charge 
of  the  automatic? 

A.  No,  sir. 

Q-  What  was  it? 

A.  To  take  cbnrgo  of  tho  Automatic  Telegraph  Compnny 


Q.  As  electrician?  162 

A.  Yes. 

Q.  You  told  him  to  go  nnd  sco  him? 

A.  hirst  I  told  him  I  didn’t  think  he  could  get  him  back, 
except  bo  would  give  him  entire  control,  so  that  he  would 
uot  be  hampered  as  ho  had  been  in  the  past 

Q.  llefcrring  to  Clark  being  made  superintendent? 

A.  Yes. 

Q.  Clark  must  bo  removed  from  ovor  him,  or  else  he 
would  not  come  with  him? 

A.  lie  must  not  be  hampered  in  any  way.  168 

Q.  What  did  Mr.  Harrington  say  to  that;  did  ho  say  ho 
would  tako  Clarke  away? 

A.  1  believe  he  corresponded  with  Mr.  Edison,  nnd  finally 
made  a  settlement. 

Q.  Did  Clark  tako  any  other  position? 

A.  No,  sir. 

Q.  Then,  Mr.  Edison  went  back  nnd  took  cbnrgo  of  tho 
works? 

A.  No,  sir ;  not  in  Newark ;  ho  took  charge  of  tho  office 
in  New  York.  151 

Q.  He  took  charge  of  tho  whole  lino  in  Now  York  nnd  all 

A.  Yes. 

Q.  Now,  in  tho  meantime,  did  Mr.  Edison  carry  on  his 
experiments  nnywhero  else  but  in  that  shop? 

A.  No,  sir. 

Q.  State  whether  Harrington  was  paying,  from  timo  to 
time,  money  on  account  of  tho  experiments. 

A.  Yea 

Q.  To  what  date  did  that  continue?  166 

A.  I  cannot  exactly  fix  tho  date,  but  tho  books  will  show ; 

Mr.  Edison  has  the  books,  and  they  will  show  tho  dates  pre¬ 
cisely. 

Q.  Didn’t  it  coutinuo  down  to  tho  summer  of  187-1? 

A.  Yes. 

Q.  Didn't  Harrington  pay  Edison  money,  on  account  of 
experiments  ho  was  carrying  on,  down  to  July,  1874? 

A.  I  think  ho  did. 

Q.  Arc  you  suro  about  that? 


y,  wlien  lie  went  for  it,  from  that  I 


Q.  And  that  slate  of  things  continued  the  whole  time; 
whenever  he  went  for  money  to  hlr.  Harrington,  he  would 
get  it? 

A.  Usunlly. 

Q.  And  tlmt  continued  down  to  1874,  in  July? 

A.  It  continued  ns  long  as  the  line  was  in  existence— 
until  it  was  transferred. 

Q.  Then  that  state  of  things  continued  elenr  down  to  the 
01  union  of  tho  two  lines? 

A.  Yes. 

Q.  Stato  whether,  at  the  direction  of  Edison,  you  called 
on  Mr.  Harrington,  at  any  time,  to  ask  Ins  consent  that  Edi¬ 
son  might  sell  quadruple*  ami  duplex. 

A.  No;  I  never  went  at  tho  request  of  .Mr.  Edison,  hut  1 
assumed  that  responsibility  myself. 

Q.  You  assumed  the  responsibility,  and  went  to  Mr.  Har¬ 
rington  as  a  friend  of  Edison's? 

58  A'  Y°S' 

Q.  To  got  him  to  consent  to  tho  salo  of  tho  quadruples 
and  duplex ;  when  was  that  ? 

(Objected  to  as  immaterial ;  admitted.) 

A.  I  cannot  tlx  tho  date  precisely. 

Q- As  near  as  you  can? 

thifwmin18  ‘t?™”  l°  ^ison  "‘“king  an  engagement  with 
imTZu'r  ?nT',y’  °tahou'  time 'he  was  ne- 

59  fe  q  ,  w,th  theln  for  the  sale. 

tlmt  of  wldeh  l’"tC,Sthnt  Imvo  bocn  fixo‘l 

as  nearlv  ns  V  J  know  nothing;  please  fix  the  (Into, 

as  nearly  as  you  can,  by  uhnnnao. 

o'  vT  1U t1871'  but  timo  I  cannot  state, 

the  Tima  about  °U’  •  ^  y°U  800  nrticl° 


41 

A.  I  cannot  recollect  precisely  the  date;  I  would  not  160 
undertake  to  fix  tho  date. 

Q.  Can  you  tell  whether  it  was  before  or  after,  or  about 
that  time? 

A.  I  cannot  say. 

Q.  It  was  sometime  in  tho  summer  of  1874? 

A.  Yes. 

Q.  Warm  wentber  ? 

A.  I  think  it  was. 

Q.  Whore  did  you  meet  Mr.  Harrington? 

A.  I  went  to  tho  Clarendon  Hotel ;  I  saw  him  myself.  161 . 

Q.  Did  you, find  him  ? 

A.  Yes.  • 

Q.  Did, you  finish  your  conversation  with  him  there? 

A.  With  him ;  yes. 

Q.  Now,  will  you  state,  as  well  ns  you  can,  just  what  you 
said  and  just  what  lie  said? 

A.  I  told  Mr.  Harrington  that  it  was  essential  that  Mr.' 
Edison  should  Imvo  some  money  for  n  spccinl  purpose  ;  that 
ho  had  done  Mr.  Edison  great  injustice  not  to  allow  him  to 
sell  that  system  to  tho  Western  Union  Telegraph  Company,  162 1 
so  that  ho  could  get  tho  money  which  ho  conld  not  at  that 
time  furnish.  His  reply  to  me  was,  that,  as  far  ns  ho  was  per¬ 
sonally  concerned,  ho  would  do  everything  he  could  to  assist 
Mr.  Edison,  and  would  not  put  any  obstaclo  in  his  way 
whatever,  but  that  thcro  were  other  parties  who  might  raise 
objection.  Ho  says,  “I  have  a  contract  with  Mr.  Edison, 
and  I  wish  you  would  go  down  to  tho  ofiice  and  rend  it." 

I  did  so,  and  Mr.  Eeift’,  who  was  interested  with  Mr.  Har¬ 
rington,  gave  mo  that  agreement  with  Mr.  Edison  to  read, , 
which  I  road.  163 

Q.  You  rend  tho  agreement;  now  there  wero  two  agree¬ 
ments  ;  I  would  like  to  know  which  ono  it  was  you  rend ; 
there  wns  one  of  1870  and  ono  of  1871? 

A.  I  have  never  seen  but  one ;  I  never  know  that  there  , 
wns  more  than  ono  in  existence. 

Q.  Which  ono  wns  it  that  you  saw  ? 

A.  It  was  one  that  covered  all  of  Edison’s  inventions 
other  than  wlmt  related  to  the  Gold  and  Stock  Telegraph 
Company,  and  tho  printing  instrument 


Q.  Can  you  state  whether  it  wound  up  with  a  power  of 
attorney  for  Harrington  to  sell  ? 

A.  Yes. 


(Handing  witness  deed  of  April  1,  1874.) 

Q.  Is  that  the  one  you  saw  7 

A.  I  cannot  swear;  I  could  not  swear  positively. 

Q.  Look  at  the  wording  of  it  and  see  if  it  is  the  samo  as 
the  one  yon  rend,  from  your  remembrance  of  it? 


(Objected  to.  Admitted.) 

Witness  reads  paper. 

A.  That  is  the  substance  of  it. 

(Handing  witness  partnership  agreement  of  Octobor, 
1870.)  1 

Q.  Look  at  this,  and  see  if  you  remember  this  more  dis¬ 
tinctly  ? 

A.  I  believe  that  is  the  original  document  that  Mr.  Iieiff 
gave  mo  to  read, 

Q.  This  is  the  ono  that  you  saw  ? 

A.  Yes,  sir. 

to  see  "it?""  C"'"0  3°U  t0  E°  d°"'"  l°  tl)0  offico  of  Mr>  liciff 
A.  Mr.  Harrington  told  me  that  there  was  an  arrange- 
jil  i,n!ai1'  111  rcSard  to  these  things;  that  bo  personally 
have  mV°  aI^'  0^eollo‘,i  l*ut  that  other  pnrticB  might 
tl-  His  associates? 

•A.  Ye?,  ami  be  wanted  in 
sec  the  paper. 

hel?;rtd0'V"  tl,ere  Md  ^  Beiff  there,  an 

ac  gave  you  the  paper  to  read  ? 

A.  Yes. 

that  came  intn ' WI,S,n  'nr°°  "u,nberof  payments  I  su|ipoi 
A.  Yel  3'°Ur  S,'°P  fr°,n  Mr‘  Barrington  ? 


ie  to  go  down  to  tbo  ollioe  and 


Q.  Hundreds?  pgg 

A.  Yes. 

Q.  Wbero  it  wns  on  account  of  experiments  it  was 
deemed  to  be  a  porsonal  matter  of  Mr.  Edison’s  ? 

A.  Yes. 

Q.  And  whore  it  was  on  other  accounts  it  was  deemed 
yours  and  his  ? 

A.  Yes. 

Q.  Let  mo  show  you  a  speeimon  of  ono  of  the  accounts. 
[Handing  witness  papor.]  Look  at  that  paper  and  say  if  169 
you  over  saw  that  before  ? 

A.  I  have. 

Q.  Did  you  sign  it?  • 

A.  I  did. 

Q.  At  tbo  time  it  was  written  ? 

A.  Yes. 

Q  Who  brought  you  tbo  money  ? 

A.  Usually  it  was  Mr.  Reid's  ebook. 

(Roads  papor  in  ovidonco.  Marked  Ex.  X.)  170 

Q.  "  Kirk,  rent ;  ”  what  wns  that  ?  It  wns  not  for  tbo 
rent  of  n  Kirk. 

A.  That  was  tbo  landlord  of  tbo  shop  on  Railroad  street, 
nnd  tbo  reason  I  put  that  in  thoro  was  to  show  what  it  was 
for  so  as  to  protect  myself. 

Q.  You  bad  a  shop  on  Ward  street,  Nowurk  ? 

A.  Yes;  that  one  went  out  of  sight  about  threo  months 
after  it  commenced  ;  thoro  is  only  ono  shop  thoro  now. 

Q.  This  wns  in  regard  to  tbo  shop  of  Edison  <!c  Murray  ?  171 

A.  Yes. 

Q.  It  went  to  pay  tbo  rent  of  your  shop  ? 

A.  Yes. 

Q.  That  is,  Edison  got  so  much  monoy  from  tbo  Tele¬ 
graph  Construction  Company,  and  you  appropriated  tbo 
money  that  way  ? 

A.  Yes. 

Q.  I  will  show  you  another  one.  [Handing  witness  a 
paper.]  Did  you  over  sco  that  before  ? 


45 


(Kuacls  paper  in  ovi.lencc.  Marked  Kx.  Z  .,) 

you  p^  Sr  “«*>  ‘o  Mr.  Harrington,  did 
A  /,!  [‘lauding  paper  to  witness.] 

tr  1  raaotvod  that  money.  J 

173  J^'taM-lUiowcoipt? 

j  (Paper  referred  to  marked  Exhibit  55  ».) 

vem'ion?  y°U  °1,,im  °f  Mr’  Elliso“  any  interest  in  his  in 
A.  None  whatever. 

A.  “tend  to  that  at  all  7 

174  peoplo  nbouV?iiml*V*  ^00n  ‘n  Partnorsliip  with  twenty 

P«nnor5  wiuiy,VO,,ti°,,S  disturbing  you? 

A.  Yes. 

Q-  It  has  been  suggested  to  *  i  . 

Giving  those  rceoints  fori? i-  to  ask  you  whether,  in 

that  was  to  go  for  Edison L“80"  ‘)or30"nll-v>  or  for  ",one7 

“i:  s::.a,  r «  ”•  ™ 

sonally  for  him  jusTnow?U  roooipt01*  r°r  ®“  money  per- 
176  2.^7°“  any  right  to  do  so  7 

A.  Not  by  him  IUltllorizocl  to  do  so,  wore  you? 

J  Who  did  authorize  you  ?  ' 

"nd  "  Y°“ “an  £o to  SrSkLt  ?'°  V«ory  to  n,o 
and  got  so  muoii  monoy 


from  Mr.  Keiff  or  Mr.  Harrington,"  which  they  would  liavo 
all  ready  lor  mo,  and  I  would  give  a  reeoipt  for  it.  ^ 

Q.  That  is  to  say,  whilo  you  had  no  general  authority,  lie 
would  send  yon  to  New  York  to  got  monoy  ? 

A.  Usually. 

Q.  Personal  monoy? 

A  Yes.  _ 

Q.  Was  there  anything  over  said  to  you  in  any  form  by 
Mr.  Harrington  that  his  partnership,  so  far  as  inventions 
went,  was  not  in  full  strength  with  Edison’s  l 

A  No,  sir.  . 

Q,  Did  ho  over  intiinato  anything  of  that  sort  to  you  in 
any  shape,  form  or  manner  ? 

A  Never.  . ! 

Q,  Yon  wore  short  of  monoy  to  carry  on  your  shop,  amt 
you  went  to  Mr.  Harrington  about  the  selling  of  tho  qua- 
druplox  ? 


rmngemcnt  eouhl  bo  made? 
A  Very  likely  it  was. 


npted  you  to  go  and  see  if  any 


Ke-dind  examination  : 

Cl  Did  Mr.  Harrington  over  have  any  conversation  with 

you  upon  tho  subject  of  whether  or  not  tho  partners  up 
Edison  in  tho  inventions  was  dissolved  ? 

t  Ho  no'vor  said  yes  or  no  to  you  on  the  subject,  because 
you  never  talked  with  him  about  it  ? 

Q.  You  have  boon  shown  a  bill  for  ton  models  whio 
been  mnrlcnd  K\-  Zfl  What  woro  those  models ! 

A  I  cannot  tell  you  now ;  wo  made  so  many  that  canno 

S‘ the  genera,  range  of  your  memory  were  they 

hot  models  relating  to  thcautomntic  tolograpur 


40 


47 


180  A.  I  would  not  bo  positive  on  that  point ;  the  books  will 
show  Hint. 

Q.  Hnvo  you  got  the  books  ? 

A.  Mr.  Edison  1ms  thorn. 

Q.  You  wero  paid  for  thorn  $250  ? 

A.  Yes. 

Q.  Mr.  Harrington  paid  you  money  for  them,  and  had 
previously  given  you  an  order  ? 

A.  Yes. 

Q.  And  that  order  is  now  in  oxistonco  somowhorc,  isn't  it  ? 
181  A.  Yes,  sir;  on  the  books. 

Q.  Mr.  Edison  1ms  the  books ! 

A.  Yes. 

Q.  Did  you  over  mnko  nny  modols  relating  to  the  quadra- 
plexor  duplex? 

A.  Yes. 


H-  \\  ore,  by  chance,  tlicso  among  those  ? 

,ni7,“"W  not  Slll  positively ;  I  would  not  undertake 
sny  about  that 

180  5  m°"  3’°!1  di(l  mako  ‘1'in‘lruplex  models,  had  yt 

.182  mademiy  as  early  as  the  date  of  this  order  in  the  sum! 

A.  Yes,  previous  to  that. 

A-  Edisoir  °nl0rtlid  you  nmko  tho  qwedruplex  models 

Q-  On  his  personal  order? 

A.  Yes. 

A.  No,  sir  ^  lran'inston’s  ordor? 

A.  Hint  I  could  not  say. 

mndo  tboso  quni,ru 
Arrington  7 

inoss  with  EMison;\oT1Sndbln8,1'VOrOOUtSid00t  "'ybU3 
usually  had  his  mn,  „i  beou  a  Partner  with  mo  ;  he 
s  made  at  tho  shop  which  he  bad  for 


experimental  purposes  and  which  I  had  nothing  to  do  with,  184 
and  which  lie  directed  himself. 

By  The  Court: 

Q.  Did  anybody  order  duplex  and  qundruplex  models 
besides  Edison  ? 

A.  Not  to  my  knowledge. 

By  Mr.  Lowrcy  : 

Q.  Givo  us  tho  date,  ns  nearly  as  you  can,  when  you  mado  185 
any  of  these  qundruplex  models  that  you  hnvo  spoken  of  ? 

A.  I  boliovo  it  was  previous  to  Edison  going  to  Europo  ... 
in  U73. 

Q.  Look  now  at  this  bill,  marked  Ex.  Zs,  and  state  when 
tho  modols  for  which  that  bill  was  rendered  wero  made? 

A.  Tlio  probability  is  that  they  had  been  worked  upon 
for  some  tiino  previous  ;  they  must  havo  been. 

Q.  Was  it  during  the  year  1874  ? 

A.  Yes. 

Q.  Now,  about  this  receipt  for  $1,800.  In  whoso  linnd-  186 
writing  is  the  body  of  it  ? 

A,  That  is  tho  writing  of  Mr.  HcilT. 

Q.  Now,  you  received  that  money  and  applied  it  to  tho 
payment  of  a  loan  for  which  Mr.  Edison  was  liable  with 
yourself  ? 

A.  Yes. 

Q.  Had  you  nny  reason  to  boliovo,  or  did  you  at  that 
time  know  whothcr  that  money  was  loaned  to  Mr.  Edison, 

Jr  upon  what  account  ho  got  if? 

A.  I  cannot  toll  thnt.  187 

Q.  You  only  know  thnt  you  received  the  monoy  at  the 
I  samo  time  you  signed  this  receipt? 

I  A.  Yes  ;  I  gnvo  Mr.  Edison  credit  for  thnt  on  tho 
Shooks. 

[  Q.  You  gavo  Mr.  Edison  credit  for  tho  monoy  ns  pnrt- 
Lner? 

|  A.  Yes,  for  tho  81.800. 

K  Q.  On  tho  books  of  Edison  &  Murray? 

U  A.  Yes,  sir. 


..JGSEKses 


48. 

188 '  ■  Q.  You  have  spoken  about  these  different  accounts  for 
experiments  mid  for  other  things.  "Will  you  state  tout 
wlmt  the  account  was  for  which  you  made  the  chnrges  lot 
experimentation  ? 

.A.  That  belonged  to  Edison  personally. 

Q.  That  is  to  say  you  had  an  account  which  you  charged 
to  Air.  Edison  personally  the  costs  of  the  experiments  made 
by  him  ? 

A.  Yes,  sir. 

Q.  These  experiments  wore  being  made  by  Air.  Edison 
180  >n  >"egartl  to  inventions  that  wero  made  and  to  be  made? 

A.  Yes. 

Q.  And  you  had  no  partnership  in  that  and  you  charged 
Mr.  Edison  for  the  services  of  the  firm  nnd  for  its  macliincij, 
atid  its  ndvanccs  when  employed  for  the  purposes  of  these 
experiments? 

'  A.  For  stock  nnd  labor. 

Q.  bo  you  know  whethor  any  experiments  were  made 
by  Mr.  Edison  especially  for  the  automntie  company? 

A.  Yes. 


)0  "  Q.  And  having  relations  to  the  machines  which  you 
building  or  about  to  build? 

A.  Yes. 

Q.  To  whom  did  you  charge  such  experiments? 

A.  Edison,  usually. 

Q.  Ever  to  the  Automatic  Company  ? 

A.  Sometimes;  yes. 

irVv1,01,1  you  smv  lVr'  Harrington  at  the  Clarcndoa 
Hotel,  did  he  assert  that  Mr.  Edison  had  no  legal  right  to 


Q.  State  all  that  Mr.  Harrington  snid 
the  subject  of  his  rights,  or  any  claim 
against  Edison,  effecting  the  quadruple; 
lions,  on  tins  occasion  ? 

■A.  Tho  conversation  I  had  with  him  was 
thimrViTif '  1,0  t0'i*  mo'  Person|dly,  ho  could  not  put  nnj 
anv°sonr  10  °£,  llr"  Kllisons  receiving  assistance  fron 

nrohiMv?-  /i"1  ,  1,0  wns  Associated  with  others  wbi 

probably  might,  and  referred  me  to  this  agreement,  whirl 


you  relating  to 
right  by  him  u 
r  duplex  inven- 

ns  very  short  am 


40 


wns  in  the  office  of  Mr.  Roiff,  and  I  went  to  see  it  at  the  yg2 
office,  No.  80  Broadway;  he  told  mo  to  see  Mr.  Roiff,  nnd 
to  get  the  document  and  rend  it,  and  bo  guided  by  it. 

Q.  The  occasion  of  your  visit  to  Mr.  Harrington  wns  to 
relieve  your  friend  Edison,  and  without  his  knowledge,  as  I 
understand  you  ? 

A.  Yes. 

Q.  From  a  financial  pressure  at  the  timo  ? 

(Obj’eoted  to  as  leading.) 


Q.  Wlmt  wns  the  financial  pressure  to  which  you  rofor?  jgg 

A.  It  wns  a  railroad  somowhoro  in  Michigan. 

Q.  Hnd  you  reference  to  a  mortgage  on  tho  shop  in 
Newark? 

A.  No,  sir. 

Q.  I  call  your  attention  particularly  to  tho  timo  when  Mr. 
Edison  wanted  money  for  tho  railroad  in  Michigan,  nnd 
asked  you  to  soo  Mr.  Harrington.  Aftor  this  visit  to  .Mr. 
Harrington,  did  ho  go  out  to  Michigan  to  nttond  to  his  rail¬ 
road? 

A.  He  did.  m 

Q.  Within  a  short  timo  after? 

A.  Somo  few  weeks. 

Q.  Or  about  a  month  ? 

A.  No,  sir. 

Q.  Now  can  you,  by  the  help  of  that  visit  to  Michigan 
fix  tho  time  that  you  called  on  Mr.  Harrington  more  clearly 
than  you  have  fixed  it? 

A.  No,  sir ;  I  cannot  fix  the  date. 

Q.  Ho  you  remember  tho  circumstance  of  Mr.  Edison's 
making  the  contract  with  Mr.  Gould  in  relation  to  his  inven- 
tions? 

A.  I  do  not. 

Q.  Ho  you  remember  anything  about  the  breaking  out  of 
difficulties  between  Mr.  Edison  nnd  tho  Western  Union 


ns? 


A.  Yes,  sir. 

Q.  About,  with  reference  to  that  time,  when  was  it  that 
you  called  on  Mr.  Harrington,  or  that  Mr.  Edison  went  to 
Michigan?  7 


60 

1P8  A.  Ho  lias  been  so  many  times  tlmt  I  cannot  exactly  fix 
tlio  dato  that  ho  went  on  this  particular  occasion ;  lie  Imd  to 
go  about  evovy  tlirco  months. 

Q.  Did  lie  liavo  these  money  troubles  every  tlirco  months, 
or  was  this  a  special  occasion  ? 

A.  lie  did  linvo  these  money  troubles  about  every  three 
months,  but  this  was  a  special  occasion. 

Q.  This  was  a  speoial  money  trouble  ? 

A.  Yes. 

Q.  Do  you  know  whether  at  the  time  you  called  on  Mr, 


Union  Telegraph  Company  somo  money? 

A.  I  do  not  know. 

Q.  You  did  not  know  anything  about  bis  affairs  in  that 
respect  at  that  time? 

A.  No,  sir;  tlioy  worn  personal  matters  relating  to  him- 
soli  alono. 

Cl  Didn’t  you  toll  mo  the  other  dny  that  it  was  only  re¬ 
cently  you  lmd  learned  of  tlioso  paymonts  to  him  V 

A.  Yes,  sir. 

8  Q.  The i  work  which  you  have  spoken  of  ns  having  boon 
done  for  Mr.  Harrington,  did  it,  in  any  considerable  dcgrccc, 


ii.Sd”,"  ‘"“E  to"  °w» 

10  avt,cGCn0ral  ,U11°rintenil0nt  o£  tho  sll°lh  MO  Bail road 
tboahop?8  1,0  0V01  romovctl  from  t1ic  suporintondonoy  of 
A.  I  cannot  say, 

diSn^r  n,18";0,'0tl  GonomI  Butler  that  one  con- 
'  S ‘he  removal  of  Clark  front  control,  you  didn’t 


mean  that  Clark  bad  any  control  ovor  tho  Automatic  Com.  200 
jinny,  and  was  to  bo  romovod  for  that  reason  ? 

A.  No,  sir. 

Q,  Ill  conversation  with  Mr.  Harrington,  concerning  which 
you  linvo  testified  in  answer  to  General  Butler,  and  which 
related  to  his  removal  of  some  control  ovor  Edison,  you  had 
no  roferonco  to  tho  romoval  of  Mr.  Clark  ? 

A.  No,  sir. 

By  the  Court :  Clark  was  at  tho  automatic  sliojt  which 
Edison  went  to  ?  201 

A.  lie  was  at  tho  automatic  shop  hut  not  at  the  company’s 
ofileo  on  Broadway,  where  Mr.  Edison  wont. 

By  Mr.  Louirey ;  You  liavo  spoken  on  your  cross-oxamin- 
ation  of  tho  terms  of  tho  jtartnorship  botwoon  Edison  and 
-  Unger  as  being  the  siuno  ns  tlioso  botwoon  yourself-  mid 
Edison;  do  you  know  anything  about  the  terms  of  tho 
partnership  botwoon  Edison  and  Unger  of  your  own  knowl¬ 
edge?  202 

A.  Yes. 

Q.  Did  Mr.  Edison  when  ho  wont  away,  in  stating  that  lie 
would  not  have  anything  moro  to  do  with  tho  matter,  use 
tlie  torm  “  manufacturing?" 

A.  No,  sir. 

Q.  What  did  ho  say? 

A.  I  remember  tho  words  that  ho  used  in  his  conversa¬ 
tion  with  mo;  ho  said,  “  that  ho  felt  like  an  old  coat  that 
had  been  used  until  it  was  worthless  and  then  hung  up." 

Q.  What  did  he  say  about  his  going  away  ?  203 

A.  Ho  said  tlmt  tlioy  had  violated  their  part  of  tho  con¬ 
tract,  which  would  roliovo  him  from  his  part,  and  ho  would 
liavo  nothing  more  to  do  with  thorn. 

Q.  And  that  is  all  tlmt  you  aro  able  to  remember  tlmt 
lie  said.  He  didn’t  use  in  tlmt  connection  tho  term  “  manu¬ 
facturing?11 
A.  No,  sir. 

Q.  Did  you  ovor  repeat  to  Mr.  Harrington 
Edison  said  about  going  away  ? 


what  Mr. 


204  A.  Yes,  sir. 

Q.  'When? 

A.  When  I  find  the  conversation  witli  him  in  regard  to 
getting  Edison  bade. 

You  than  told  him  what  Mr.  Edison  hnd  snid  ? 

A.  Yes,  sir. 

lie-cross  : 

Q.  At  the  time  Mr.  Edison  said  thoso  things  to  yon, 
didn’t  lie  also  mnko  it  a  part  of  his  complaint  that  they  had 

205  put  this  man  Clark  over  him,  and  didn’t  give  him  full 
chargo ? 

A.  flint  was  the  solo  foundation  of  the  whole  trouble. 

Q.  And  that  was  what  ho  called  a  violation  of  his  agree¬ 
ment,  wasn't  it? 

A.  Yes. 

Q.  By  doing  that  ho  thought  thoy  hnd  violated  his  agree¬ 
ment  with  him? 

A.  Yes,  sir. 

Q.  Did  you  hnppon  to  see,  in  tho  agreement  that  you 
200  wad,  anything  to  tho  olToot  that  they  should  not  haven 
superintendent  at  tho  shop  ? 

A.  No,  sir. 

lie-direct. 

Q.  When  you  say  that  that  was  tho  solo  cause  of  tho 
disagreement  you  don’t  profoss  to  know  absolutely  all  tho 
arrangements  between  those  partners,  do  you  ? 

t0  me  Plainly  that  he  was  ember- 

m  sed  and  hampered,  and  would  leave  on  account  of  these 
20?  other  parties  superseding  him. 

Q-  But  lie  didn’t  say  at  the  same  timo  that  ho  had  no 
other  cause  of  complaint? 

A.  No,  sir. 


Q.  Did  ho  claim  any  other? 

A.  No,  sir 

amfaedf  ^  °nllt  1  1  *  defendants,  sworn  and  c 


By  Mr.  Lowrey :  2Q8 

Q.  You  l-csido  in  tho  City  of  Now  York? 

A.  Plainfield,  Now  Jersey. 

Q.  You  have  an  office  and  place  of  business  in  this  city  ? 

A.  I  have.  ’  3  ' 

Q.  You.  are  a  solicitor  of  patents? 

A.  I  am. 

^  Q-  Bo  you  know  Thomas  A.  Edison  and  George  Earring- 

A.  I  do. 

Q.  And  George  B.  Prescott?  209 

A.  I  do. 

Q.  Previous  to  1870,  hnd  you  some  relations  with  thoso 
ongaged  in  exploiting  what  is  called  the  Automatio  Tele¬ 
graph  Company? 

A.  In  1870,  or  a  little  before  that  time. 

Q.  With  whom  or  in  connection  with  whom? 

A.  In  connection  with  tho  National  Telegraph  Company. 

C2.  That  company  was  working,  I  believe,  upon  tho 
patent  of  Mr.  Littlo? 

A.  I  enino  in  contact  with  Mr.  Littlo  almost  exclusively,  210 
and  it  was  with  him  that  I  did  tho  business. 

Q.  Wore  thoy  working  upon  what  is  called  tho  Littlo 
patent? 

A.  Thoy  wore  arranging  to  work  them. 

Q.  Afterwards  did  tho  persons  who  were  ongaged  in  that 
business  como,  to  your  knowledge,  into  some  business  rela¬ 
tions  with  .Mr.  Edison  and  Mr.  Harrington  ? 

A.  Thoy  did. 

Q.  At  that  timo  what  was,  if  you  know,  tho  occasion  of 
their  coming  togothor  in  rospoot  to  tho  business?  211 

A.  I  know  there  was  a  contract  existing  between  Earring- 
ton  and  Edison,  and  in  connection  with  that  I  acted  in  pro¬ 
curing  patents  for  Mr.  Edison’s  inventions? 

Q.  This  related  to  tho  automatic  telegraph  business  ? 

A.  So  far  as  I  knew  at  that  time. 

Q.  Did  you  advise  Mr.  Prescott  and  Mr.  Edison  in  tho 
preparation  of  tho  agreement  of  August  19,  1874,  relating 
to  thoso  patents  that  are  now  in  controversy  hero? 


64 

212  A.  I  did. 

Q.  Did  they  consult  you  upon  tho  subject  whother  or  not 

they  should  under  the  luw  be  treated  ns  joint  inventors? 

.A.  They  did. 

Q.  Did  you  inquire  into  the  facts  relating  to  the  innttorin 
regard  to  these  inventions  and  their  relations  of  those  persons 
to  them  ? 

A.  It  may  bo  prcferablo  to  state  the  circumstances  th 
led  mo  to  inquire  into  that  patent  Early  in  1874  I  had  liu 
an  interference  in  the  Patent  Ollico  by  two  parties  claiming 

213  to  *)0  j°'nt  inventors,  and  tho  testimony  developed  the  fact 
that  only  one  made  the  invention.  When  Messrs.  Prescott 
and  Edison  came  to  mo,  I  thought  it  possiblo  that  tlicso gen¬ 
tlemen  might  bo  mistaken  as  to  tho  conditions  of  getting  up 
these  inventions,  and  I  sent  for  Mr.  Edison  and  I  said,  sup¬ 
pose  any  question  should  arise  in  tho  future  as  to  whether 
this  patent  is  properly  in  the  name  of  Edison  or  Prescott; 
and  I  told  him  he  had  bettor  talk  the  matter  over  with  Mr. 
Prescott  They  talked  the  matter  over  together  in  mv  pres¬ 
ence,  and  upon  discussion  it  appeared  that  it  would  be  more 

2M  proper  to  put  in  the  application  in  the  singlo  name  of  Edi¬ 
son.  Mr.  Edison  had  helped  to  develop  the  invention  in 
suggestion  as  to  minor  details,  but  not  so  far  as  the  subject 
matter  that  was  proposed  to  bo  claimed. 

Q.  And  upon  that  yon  advised  them,  as  you  have  stated, 
that  thoy  could  make  their  application  for  tho  invention  of 
Edison? 

A.  Precisely. 

Q.  And  applications  were  mndo  under  the  terms  of  this 
paper  of  August  10th? 

215  Applications  were  made  after  that  paper  had  been 
prepared,  i’lie  paper  was  changed,  or,  rather,  there  was  a 
now  paper  prepared  to  lake  the  place  of  a  former  that  had 
been  signed. 

Q-  Applications  wore  made  after  the  advico  you  gave 
hem  ,,,  accordance  with  the  tprmsof  the  paper  executed  on 
the  10th  August? 

A.  There  were. 

You  foui,a  ll,at  there  was  another  paper  which  had  I 
been  executed  previously  ? 


ills  §§  It. : 


66 

A.  Tcs,  sir. 

Q.  That  had  not  been  put  upon  record  ? 

A.  Not  that  I  know  of. 

Q.  What  dal  you  understand  that  thoy  did  with  that 
paper  after  your  advice  to  them  ? 

•  (Objected  to.) 

Q.  What  did  thoy  do  with  it? 

A.  I  gave  my  advice  to  prepare  another  to  take  tho  place 
of  it,  which  was  prepared  containing  substantially  tho  same 
statements  as  tho  original,  only  making  it  with  tho  nnmo  of 
Edison  ns  the  inventor,  instead  of  Edison  and  Prescott. 

Q.  You  continued  to  act  with  these  gentlemen,  thou,  dur¬ 
ing  that  time,  until  how  long? 

A.  I  am  not  nwnro  but  that  I  still  stand  in  that  relation, 
although  there  was  a  notice  served  upon  mo  by  Mr.  Edison 
that,  on  his  part,  I  was  no  longer  his  attorney. 

Q.  You  reudered  bills  aftor  that  time? 

A.  I  did. 

Q.  To  whom? 

A.  To  Mr.  Prescott  21 

Q.  What  was  dono  with  tho  bills  you  rendered  to  Mr. 
Prescott? 

A.  They  wore  paid. 

Q.  To  what  did  tlieso  bills  relate? 

A.  They  related  to  tho  preparation  of  the  applications  for 
the  patents  from  94  to  100 ;  they  also  related  to  some  ac¬ 
counts  which  had  existed  before  Mr.  Prescott  becamo  con¬ 
nected  with  Mr.  Edison. 

Q.  When  thoy  became  connected  thero  was  some  bills  re¬ 
maining  unpaid?  21 

A.  Thera  wore,  and  thoso  wore  included  in  tho  bills  that 
I  rendered  to  Mr.  Prescott,  and  that  ho  paid. 

.  Q.  Do  you  remember  to  wliat  thoso  bills  related  ? 

A.  They  related  to  a  caveat  of  Mr.  Edison,  also  to  ex¬ 
penses  for  procuring  some  copies  of  tho  onscs  A  to  H,  or  A 
to  G,  I  think. 

Q.  Who  paid  them  ? 

A.  I  believe  tho  first  bill  was  paid  by  check  of  the 
Western  Union  Telegraph  Company. 


56 


220  Q-  From  whom  did  you  receive  it? 

A.  l<’rom  Mr.  Prescott. 

Q.  You  sent  (lie  bill  to  whom? 

A.  To  Mr,  Prescott. 

Q.  Did  you  have  any  dealings  with  the  Western  Union 
Company  as  your  client  in  this  business? 

A.  I  did  not  at  that  time. 

Q.  In  answer  lo  the  bill  you  sent  to  Mr.  Prescott  you  got 
a  cheek  from  tho  Western  Union  Company  ?  ' 

A.  I  will  not  bo  positive  about  that,  but  that  is  mv  re. 

221  collection.  J 

Q.  In  your  account  who  did  you  credit  with  that  cheek? 

O  An!", 77, "Tl"  11,0  nnme  ofPr“Cott  &  Udison. 

J  A  Her  that  how  did  you  receive  payments? 

cheek  ^  °"°  i"St!mC° 1  romcmhcrMr.  Prescott  sent  his  own 

Q.  Since  tho  date  or  the  agreement  of  August  10th  have- 
you  done  anything  on  account  of  these  inventions  ?  ’ 

A.  winch  inventions? 

Q.  These  which  yon  have  described  us  mentioned  in  the 

222  P"P°r  of  August  10  ?  mentioned  in  the 

n  Muh"VV'n  reco)lectio»  ^  anything  else. 

Q.  I  hose  bills  have  all  been  paid  ? 

A.  Yes,  sir. 


asked  him  to  look  into  them  and  sco  if  they  covered  the  224 
quadruples 

Recess. 

Afteb  Recess. 

Tho  question  peuding  beforo  the  Court  at  recess  was 
taken  up. 

Ur.  Lowrey:  I  would  say,  if  the  Court  please,  tlintl  linvo  225 
inquired  of  witness,  since  he  left  the  stand,  whether  he  was  "* 
a  member  of  the  bar,  and  ho  said  ho  was  not. 

The  Court:  I  was  about  to  suggest  that  tho  discussion  has 
proceeded  upon  tho  assumption  that  the  point  of  privilege 
was  clearly  raised,  and  undoubtedly,  as  I  proposo  to  rest 
my  ruling  on  that  point,  the  record  should  present  that 
question  clearly  and  distinctly.  Therefore  I  think  it  proper 
that  such  a  question  should  bo  put. 

Ur.  Butler:  I  do  not  desiro  that  that  question  should  bo  220 
asked  at  this  moment,  for  tho  reason  that  I  have  assumed 
that  the  witness  was  a  member  of  the  profession  ;  but  if 
your  Donor  should  rule  the  question  in  on  the  ground  of 
its  materiality,  tho  next  proceeding  would  be,  I  suppose, 
that  we  should  be  permitted  to  oross-exatnino  to  ascertain 
what  the  professional  relation  was. 


223  !lr  <***  on  'he  ground  that  the  con- 

"Srccment,  under  which  they  took 
mil at Z  I  rlS  ,h°  dc“°„8  ll'°  grantor 

^relation of attomeya^i^'1"1’  *  rCl",,S ,0 

wrote  a  hitto  wl  °|!Cr  ,l°  Prove  tl,nl  Mr.  Harrington 
on  the  subject  of  ihZ  10  CUCr  °‘  Ju)y  9>  10  tl,is  witllcss- 
J  of  these  contracts,  or  alleged  contracts,  and 


The  Court:  That  is  exactly  what  I  should  have  sug¬ 
gested,  had  Mr.  Lowroy  mado  no  point  about  tho  matter. 
Tho  objection  is  taken  on  tho  ground  of  privilege.  Now, 
tho  questiou,  as  it  stands  on  the  record,  docs  not  clearly 
raiso  that  point.  The  record  can  be  added  to  so  as  to  pro¬ 
scut  the  poiut  distinctly. 

Ur.  Lowrey:  If  it  appear  that  tho  relation  docs  not  exist 
at  all  of  attorney  and  client,  is  thero  any  object  in  pro¬ 
tracting  the  discussion?  It  was  assumed,  and  I  supposed 
conceded,  and  I  was  about  to  ask  to  knvo '  tho  record  so 
8 


nog  enlarged  ns  to  present  the  point  distinctly.  If  tlioro  is  any 
doubt  about  the  fact,  it  bad  better  be  ascertained  before  wo 
proceed  further,  or  to  devote  more  time  to  the  discussion  of 
the  question  involved. 

Q.  Are  you  a  member  of  tbo  bar  ? 

The  Court:  You  are  not  a  practicing  lawyer? 

A.  No,  sir;  I  prnotieo  in  eases  on  appeal  from  tbo  Com¬ 
missioner  of  Patents  to  the  Supreme  Court. 

229  Q-  That  business  is  known  ns  the  soliciting  of  patents, 
and  acting  ns  a  patent  agent? 

A.  Yes. 

Cross-examination  by  Mr.  Butler  on  privilege. 

Q.  You  have  been  employed  to  solicit  a  number  of  theso 
patents  of  Harrington  and  Edison  for  a  series  of  months? 

A.  For  years. 

Q.  You  lmvo  noted  for  both  of  thorn  ? 

230  A‘  Yes'  sir' 

Q.  They  wore  patents  whieb  form  a  part  of  this  sorics 
which  are  in  dispute? 

A.  I  might  stato  briefly  that  I  obtained  patents  for  Edi¬ 
son  beforo  I  eatne  in  contact  with  Harrington. 

Q.  Then  you  went  on  with  Harrington  ? 

A.  Both  eatne  togother. 

Q  Your  business  has  been  to  present  questions  of  patent 
law  nt  the  Patent  Office  if  they  arose,  and  arguo  them  if 
necessary ;  to  give  advice  to  your  client,  etc.,  and  also  to 

231  nrSuu  d‘B  questions  before  the  Supreme  Court  of  tbo  District 
of  Columbia  in  oases  of  appeal? 

A.  Yes,  sir. 

Q.  That  was  known  to  Mr.  Harrington  ? 

A.  It  was,  except  so  far  as  tbo  appeal  to  tbo  Supremo 
Court  was  concerned  ;  I  don’t  know  that  be  knew  that. 

^  Butter :  I  admit  that  the  question  of  privilege  arises 


The  Court:  Lot  us  have  the  record  in  suoli  slinpo  as  that  282 
tho  present  will  bo  distinctly-  presented. 

Mi.  Lowretj :  I  now  proposo  to  clear  up  tho  result  of  tbo 
answers  made  to  Gou.  Butler. 

Q.  You  have  been  asked  whether  you  solicited  tbo  pat¬ 
ents  or  gnvo  advice  to  Harrington  and  Edison  together  con¬ 
cerning  this  particular  series  of  inventions.  Did  you  evor 
act  for  Messrs.  Harrington  and  Edison  together  in  respect 
to  eases  A  to  H,  04  to  100,  111,  112  and  118? 

A.  Not  until  about  the  end  of  1874  or  tho  early  part  of  233 
1875. 

Q.  Did  you  then  act  for  Harrington  and  Edison  toge¬ 
ther? 

A.  Not  directly  for  them,  but  thoy  both  canto  to  consult 
me  on  thoso  cases,  and  together. 

Q.  It  was  with  roforcnco  to  their  appealing  to  tbo  Com¬ 
missioner  of  Patents  not  to  issue  tho  letters  patent  to  Edison 
and  Proseott  ? 

A.  In  that  gonoml  connection. 

Q.  It  was  after  this  difficulty  bad  broken  out  bctwcon  284 
Proseott  and  Edison  ? 

A.  Yes,  sir. 

Mr,  T.ouircy:  'l'his  witness  has  bad  no  relation  with  thoso 
gentlomon  in  respect  to  tho  patents  in  controversy.  Tbo 
ovidonco  wo  are  going  to  addueo  has  no  'relation  to  thoso  pat¬ 
ents.  Wo  are  about  to  show  what  this  gentleman  said  wbon 
bo  was  asked  to  givo  bis  opinion  about  a  certain  paper. 

Mr.  Sutler  :  I  still  insist  that  this  oaso  is  within  tbo  ques¬ 
tion  of  privilege,  ns  it  nppears  in  tho  record.  236 

The  Court:  Tho  only  question  is  ns  to  whether  or  not  a 
solicitor  of  patents,  occupying  the  position  and  relation  whieb 
this  gentleman  occupied,  is  nt  all  within  tho  privilege,  be¬ 
cause  on  tho  other  point  I  am  with  you.  Tbo  authorities 
of  our  Court  of  Appeals,  I  think,  sustain  tbo  view  which  I 
have  already  expressed. 

Mr.  Butler .-  I  want  to  say  a  word  as  to  tbo  ret  inter  alios. 


286  This  witness  is  one  of  tho  defendants.  Ho  appears  before 
the  Commissioner  of  Patents  to  procuro  patents  anil  before 
the  Supremo  Court  of  the  District  of  Columbia  to  argue 
cases  on  appeal.  He  is  an  attorney  at  law  of  a  specific  kind 
and  character — a  branch  of  tho  profession  which  lias  grown 
up  recently.  When  a  man  is  consulted  as  a  lawyer  and  as  j 
dealing  with  a  specific  branch  of  the  law,  where  a  lawyer  ' 
lipids  himself  out  as  a  lawyer,  and  where  the  Court  recog¬ 
nizes  him  as  a  lawyer  and  deals  with  him  ns  a  lawyer,  he?s 
fairly  within  the  privilege.  I  submit  that  this  question 

287  ought  to  bo  hold  within  the  fair  equity  of  the  rule.  Upon 
tho  other  point  ns  to  whether  a  lottor  written  to  ask  tho  ad-  I 
vice  of  a  party  ns  to  tho  construction  of  a  deed  can  bn  put  j 


The  Court:  Wo  liavo  not  that  question  before  us  now. 

Ur,  Butler:  Then  I  was  misled  by  tho  argument  of  my 
brother  Porter. 

88  .  ll!,‘  <'0U'  t  1  r^'°  (luost'on  relates  sololy  to  tho  convene- 
.  tion.] 

Ur.Uyere:  There  are  several  rules  of  the  Patent  Office 
which  recognizo  just  such  persons  as  Mr.  Sorrell  to  practico 
botoro  tho  Patent  Office  and  arguo  just  such  matters  as  ho 
was  consulted  about  referred  to  now,  beforo  tho  Court 

tion?]°U1,Sel  quotod  rul° 181  nnd  ot,lers  t0  sustnin  his  i)03i; 
t„bVh™n  w"a  in  1,10  House  of  Bcprosontntives  netiou  was  j 
3,9'  .If0"  "'t  i  P‘!,ont  ®n‘00  ns  t0  preventing  persons  who  were 
nm  Tfr  y  ""Uod  nttomoys  from  practising  in  tho  Patent  it 
0  ice.  I  for  one  opposed  it, nnd  itwas  notombodied  in  the  law. 
Ihreiu  0,1  aUornoJ*-  Tho  relations  to  those  they 

clients.  Mr.°  itreitton' wi'm  7  t,,0S°  °f  nnd 

einhlovin  h!'d  7'\  °'»l%ing-wl,om  Mn Sdtolt° brn^ei 
b  c  S  f  “d  "'1,0m  wore  entitled  to  employ  jointly 
ma  t  s  r,WCr°  Partn°‘U  >Ie  w™‘e  to  him  in  relabel,  to 
mattes  affecting  patents,  some  of  which  lmd  been  beforo  him, 


aiid  a  controversy  in  regard  to  which  bo  desired  .to.  know 
(ihout,  because  ho  had  a  paper  which  would  bo  affected  by 
them.  Mr.  Sorroll  was  as  proper  a  poison  to  consult  as  if  be 
had  boon  a  regular  attorney  admitted  to  practice  in  tho  Su¬ 
preme  Court  of  the  United  States. 

Ur.lowrey:  Does  Mr.  Myers  contend  that  agents  like 
Serrell  are  authorized  to  practice  in  tho  Supremo  Pqurt  of 
tho  District  of  Columbia? 

Ur.  Myers:  I  understand  that  from  tho  witness.  Of  course 
on  appeal  from  the  decision  of  tho  Commissioner  of  Patents! 

Ur.  Lomey :  T  proposo  to  ask  the  witness  just  wlint  his 
function  is.  Ho  is  a  special  attorney — in  fact,  receiving  his 
power  for  each  particular  enso. 

The  Court:  Beforo  the  point  of  privilege  is  taken  it  must 
appear  by  the  record  that  tho  relation  exists  upon  which  flint 
principle  is  applicable.  As  tho  case  stands  noiv,  I.  am  hot 
satisfied  that  such  a  relation  exists  as  would  authorize  or 
warrant  mo  to  reject  this  ovidonco  upon  that  ground  ;  and  as 
I  had  based  my  decision  before  this  discussion  nroso  upon 
that  ground,  and  that  alone,  and  holding  tluit  tho  rule  that 
I  hnvo  adopted  and  adhered  to  and  enlarged  at  tho-instanco 
of  counsel  on  both  sides  with  rcfcrcnco  to  mere  questions  of 
materiality  is  still  applicable,  I  am  constrained  to  admit  this 
ovidonco. 

(Exception  taken  by  plaintiff.)  '  .  '  r 

Tho  question  upon  which  tho  Court  had  just  ruled  was 
thou  rend  to  tho  witness,  nnd  is  ns  follows: 

Q.  Did  you  at  any  timo  liavo  a  conversation  with  Mr- 
Gcorgo  Harrington  upon  the  question  whothcr  or  . not  n  cor. 
tnin  agreement  between  him  nnd  Mr.  Edison  covered  these 
qundiitplox  nnd  duplex  inventions  ? 

A.  I  did.  ■  •  j 

Q.  What  was  tho  occasion  of  this  conversation  or  what 
brought  it  about — did  you  receive  a  lottor  from.  Mr.  Har- 


241  A.  I  would  like  to  state  at  this  point  to  the  Court  that  in 
tho  communications  botweon  Mr.  Harrington  on  the  one  side, 
and  Mr.  Proscott  on  the  other  sido,  I  considered  tlioso 
communications  to  bo  confidential,  and,  unless  tlio  Court  de¬ 
sires  mo  to  toll  those  things  that  have  been  communicated  to 
mo,  as  1  considered  confidentially,  I  should  not  feel  at  liberty 
to  stato  that  which  came  to  mo  confidentially. 

Q.  I  liavo  not  asked  you  for  any  conversation.  I  asked 
what  led  to  tlio  conversation.  It  will  bo  time  for  you  to 
protect  yourself  in  that  way,  if  you  soo  fit,  when  I  ask  you 
245  for  the  conversation. 

A.  I  did  receive  the  letter. 

Q.  Have  you  tlio  lottcr  with  you  ? 

A.  Yes,  sir. 

Q.  Hns  tlio  letter  a  date  ? 

A.  It  has  not 

Q.  Aro  you  able  to  fix  tlio  date  when  you  received  that 
letter  ? 

A.  As  nearly  ns  I  can  fix  it,  it  was  loft  at  my  office  on 
.  Saturday  the  20th  of  Soptembor,  1874,  during  my  absence, 

240  Q-  It  came  to  your  hands  ? 

A.  Yes,  sir;  on  Monday  the  28th  of  Soptoinber,  1874. 

Q.  Now,  following  that,  did  Harrington  call  upon  you  ? 

A.  He  did. 

Q.  Ami  was  reference  made  to  your  having  received  a 
letter  from  him? 

A.  Yes,  sir. 

Q.  lioreforrodtothislottor?  I 

A.  Yes,  sir. 

"  Q.  Allow  mo  to  seotho  letter? 

247  (Witness  hands  letter  to  counsel.  Objected  to.  Objection 
overruled  and  exception  takon  by  plaintiff.) 

letter'  1}"‘,er  ('00kS  ^  l0tt0r,)  W°  d°  not  objoot  t0  tbat 
"’aS  r0ftl1  ia  °vi>loncc,  and  marked  defendant’s 

Exhibit  80.) 

0-  What  was  the  contract  referred  to  there  if  you  know? 


(Objected  to  and  withdrawn.)  2 

Q.  I  will  ask  whothor,  when  Mr.  Harrington  oamo  to  see 
you,  in  pursuance  of  that  letter,  any  particular  contract  be¬ 
tween  Harrington  and  Edison  was  produced  and  considered? 

(Objected  to.  Objection  overruled,  and  exception  taken 
by  plaintiff.) 

Q.  What  took  plnco  when  Harrington  came  to  seo  you — 

I  do  not  ask  you  for  anything  which  you  regard  ns  confi-  n, 
dentinl? 

A.  Mr.  Harrington  produced  both  contracts,  or  rather 
both  contracts  had  been  loft  with  this  lottcr. 

Q.  ’Which  contracts? 

A.  Tlio  one  of  October,  1870,  and  the  ono  of  April  4th, 
1871,  had  been  left;  wo  bad  both  contracts  present  at  tho 
discussion. 

Q.  Hnd  you  not  a  press  copy  of  tho  contract  of  1870  in 
your  office  at  tho  timo? 

A.  At  or  about  that  time.  25 

Q.  Havo  you  that  press  copy  hero? 

A.  Yes,  sir. 

Q.  I  would  like  to  soo  it? 

A.  I  don’t  think  it  wns  taken  from  tho  original ;  the  ono 
of  1870? 

Q.  Yes,  sir? 


•  (Witness  produces  tho  copy.) 

Q.  From  whom  did  you  reccivo  tho  original  paper  from  2gj 
which  this  press  copy  was  inado ;  I  mean  tho  ono  of  1871  ? 

A.  Either  from  M r.  Harrington  or  from  Mr.  Keiff ;  I  can’t 
j  state  which. 

Q.  About  what  timo  did  you  rccoivo  this  from  oithor  ono 
of  these  gentlemen  ? 

|  A.  I  cannot  define  tho  timo  positively,  but  in  tho  neigh- 
[  horhood  of  September  or  October,  1874. 

-.  Q.  Do  you  know  the  occasion  for  which  you  made  this  _ 
:ess  copy  ? 


252  A.  There  was  one  paper  that  was  sent  for  record  in  the 
Patent  Office,  and  I  was  specially  requested  in  connection 
with  the  paper  when  it  was  sent  for  record,  to  bo  careful  in 
enso  thcro  was  any  accident  to  the  original  that  was  sent- 
that  press  copy  was  not  of  the  one  that  was  sent  for  record’ 
the  one  sent  for  record  was  sent  on  in  January,  1876,  which 
Was  the  contract  of  October  1st,  1870. 

Q.  This  is  the  press  copy  of  the  paper  purporting  to  bo 
a  copy  of  the  contract  of  1871,  which  either  Roiil  or  liar- 
nngton  handed  to  you  7  ( 

268  '  1  A.  Precisely.  J 

.^Mr.Lownyi  I  propose  to  road  tho  copy  in  evidence.  I 
Wo  exhibit  anothor  paper,  in  which  tho  word  "or"  does 
not  occur.  ' 

fUtlV  W°  °1,jC0t  to  tho  I*053  00PJ>  on  1,10  ground 

that  it  is  not  a  press  copy  of  tho  original. 

The  Cowl  i  The  question  is  not  tho  same  ns  ir  you  pro- 

os.-  . .  handed  to  the  Jtucss  by 

264  air.  iteill  or  Mr.  Harrington.  1 

Q-  Do  you  know  what  has  become  of  that  copy  ? 

A.  1  ho  one  wo  hud  under  consideration  7 
mnj0f° •  11,0  CW  from  which  this  letter  press  was 
A.  I  linvo  no  idea. 

Q-  Will  you  search  for  it  7 

careful1  sZehliSfi0d  “  ,,0t  in  ^  I  have  made  a 

was  subneonn  ?  tl)0  Pai)Crs  »»  my  ollice,  because  I 

200  case.  P  °tl  t0  bn"s  n11  P«I'ors  pertaining  to  this 

an  orLinaT* L  ^lle  Go,,rt  d»M  not  treat  a  letter  press  copy  as 


A.  Yes,  sir;  it  did.  266 

Q.  At  this  interview  with  Mr.  Harrington  7 

A.  Yes,  sir. 

Q.  Now  was  your  attention  called  to  any  particular 
question  arising  upon  that  paper? 

A.  It  was. 

Q.  -What  was  tho  question  7 

A.  I  would  like  to  inquire  of  tho  Court  whether  I  shall 
state  communications  which  I  received  in  confidence? 

The  Court :  I  think  so.  I  do  not  really  think  that  tho  267 
rule  of  privilege  extends  to  the  relation  which  now  appears 
existed  between  yourself  and  tho  persons  with  whom  you 


The  Witness :  I  linvo  been  subpoenaed  here,  and  I  do  not 
ivnr.t  to  hold  anything  back.  These  gentlemen  know  that 
there  was  a  conference,  but  they  do  not  know  what  that 
conference  was.  •  Tho  counsel  on  tho  other  sido  do  know. 


There  have  been  a  great  many  conversations  between 
Mr.  Harrington  and  myself ;  also  between  Prescott  and 
myself.  As  nearly  as  I  can  fix  the  conversation  at 
this  particular  timo  and  tho  details  of  it,  they  nro 
theso ;  Mr.  Harrington  said  that  tho  duplex  invon- 
ion  was  now  attracting  considerable  attention.  A 
great  deal  of  attention  was  directed  to  it  at  this 
imo.  He  wanted  to  know  whether  in  iny  judgment  this 
contract  would  apply  to  qundruplex  and  to  duplex;  I 
looked  the  contract  over  carefully  with  him  ;  1  had  looked  260 
it  over  before  he  came  on  that  Monday  morning;  I  stated 
to  lnm  that  it  appeared  to  mo  that  it  was  a  question  that  I 
lmd  nothing  to  do  with  ;  that  my  special  duty  was  to  obtain 
these  patents,  and  tho  confidential  relation  that  I  stood  ill 


between  tho  parti 
to  bo  mixed  up  w 
•should  own  these  : 


cs  caused  mo  to  feel  that  I  did  not  want 
ith  what  I  call  the  title  fight,  as  to  who 
inventions  ;  I  stnted  to  him  that  my  judg- 


s  that  as  tlioso  applications  had  been  put  in  tho 


260  Patent  Office,  and  had  been  assigned  to  Edison  and  Prescoti 
on  the  record,  and  that  they  would  bo  issued  in  thatmannei 
unless  some  other  proceeding  stopped  it ;  my  advice  to  him 
was  to  institute  a  proceeding  in  the  Supremo  Court  at  the 
District  of  Columbia,  applying  for  an  injunction  to  restrain 
tho  Commissioner  of  Patents  from  issuing  these  patents  >",61 
the  cpiestion  was  decided  whom  they  belonged  to,  and  at  tho 
same  time  instituting  such  proceedings  ns  would  bo  right 
and  proper  in  the  cyo  of  tho  law  to  dotermino  whether  or  not 
this  contract  applied  to  duplex  and  qundruplox. 

261  Q.  This  was  the  fust  time  Mr.  Harrington  had  sought 
your  advice  on  that  question,  was  it  not  ? 

A.  I  cannot  say  positively  that  it  was ;  it  was  tho  first 
time  that  I  found  a  note  in  my  note  book  indicating  that 
there  was  a  special  consultation. 

Q.  Now,  whether  at  that  time,  or  any  other,  whenever  the 
first  tune  was  that  ho  sought  your  advice  on  that  question, 
try  and  remember  your  prcciso  language,  and  stato  it  to  us? 

A.  I  might  stato  that  that  is  almost  impossible ;  for  a 
ponodof  between  two  or  three  months  at  least,  both  gentle- 


The  Court:  You  understand  him  ns  simply  making  tho 
inquiry  what,  m  your  judgment,  would  bo  tho  effect  of  that 
instrument  on  that,  nwra-rl  V 


A.  Precisely. 

sa^/llTT1  h°  opo,led  tl)0  “onversation  by 
aucntln?  ^  *"  U°'V  ^  good  deal  of 

A.  Words  to  that  effect 

larCLrt™w“ly.anrbinB  m°10  1,1  tlmt  timo  o£  tlmt  Porto* 

8  tlW‘lhmUon  Whioh  1,10  quodruplexwas 

badalm  eell?!l,ytl''lt  h0  to  know  whether  ho 

had  a  right,  or  whether  ho  had  not 

Harrimrton  i?„°n  rc,aso11  to  ,CI10W  whether  or  not  Mr. 
_ect‘?lnfet°n  had  before  that  time  „„y  doubt  upon  this  sub- 


[Objected  to.  Objection  sustained.] 
Q-  "What  had  been  vnm* 


can  remember,  with  Harrington  upon  this  subject,  either  264 
on  this  occasion,  or  before  it,  or  after  it? 

A.  I  remember  distinctly  in  connection  with  tho  arrange¬ 
ments  for  the  substitution  of  Edison’s  name  alone  in  placo 
of  the  names  of  Edison  and  Prescott,  in  tho  application  that 
did  take  placo  lioforo  thoro  was  no  question  presented  to 
mo  of  a  claim  on  tho  part  of  Harrington.  When  the  claim 
(list  came  to  my  attention  on  tho  part  of  Harrington,  I  was 
exceedingly  glad  in  my  own  mind  that  thoro  was  no  prob¬ 
ability  of  this  title  fight  being  confused  with  tho  question 

of  tho -  265 

Q.  No  matter  about  tlmt. 

A.  I  understood  that  you  wanted  that. 

Q.  Not  as  to  your  being  glad. 

A.  That  expression  was  made  between  mo  and  Harring¬ 
ton  m  tho  communications  which  took  placo  before  this 
timo;  that  I  hnd  told  him  of  tho  decision  rotative  to  tho 
separation  of  tho  names,  and  this  question  whioh  ho  was 
raising  was  not  going  to  bo  mixed  up  with  any  other 
question. 

Q.  You  lmd  told  Mr.  Harrington  boforo  this  time  of  tho  266 
nmmgomonts  botwcon  Messrs.  Edison  and  Prescott? 

A.  As  to  the  separation  of  tho  names. 

Q.  What  was  it  that  you  said  just  now  as  to  what  you 
told  Mr.  Harrington  about  the  change  ill  tho  name;  you 
have  spoken  of  tolling  Mr.  Harrington  about  the  arrange¬ 
ment  to  clinngo  tho  motliod  of  issuing  tho  patents  to  Pres¬ 
cott  and  Edison  from  that  of  joint  inventors  to  that  of  joint 
owners  ? 

A.  Yes,  sir ;  nftor  ho  sot  up  his  claim. 

Q.  You  told  him  after  ho  sot  up  that  claim  ?  267 

A.  Yes,  sir ;  aftor  ho  lmd  sot  up  that  claim  to  mo. 

Q.  You  hadn’t  any  conversation  on  tlmt  subject  boforo 
that? 

A.  No,  sir;  it  was  not  my  place  to. 

Q.  When  he  sot  up  his  claim  you  then  informed  him,  did 
you,  of  the  relations  between  Edison  and  Prescott? 

A.  Yes,  sir. 

Q.  Do  you  happen  to  remember  whothor  ho  saw  tho 

agreement? 


268 


i.  I  think  ho  did. 

Q.  What  occasion  was  tlioro  for  you  to  toll  him  anything 
about  the  change  in  the  method  of  issuing  the  patents,  ?f 
this  did  not  occur  until  after  ho  made  his  claim,  which  wa3 
after  August  1874  ? 

A.  Ho  sot  up  his  claim  to  tho  ownership,  and  it  was  not 
my  place  to  express  an  opinion  on  that  point  When  he 
sot  up  his  claim  and  produced  tho  paper,  it  was  my  place  to 
give  him  information  that  was  on  record  in  the  Pntont  Office 
and  was  accessible  to  him  as  well  as  to  anyone  else  and  I 
269.  told  him  of  this  paper. 

CJ.  When  ho  said  ho  sot  up  his  claim  to  ownership  what 
did  ho  do  ? 

A.  Ho  produced  that  paper,  and  said  that  under  tho  ex¬ 
pression  “fast  telegraphy,”  ho  contended  that  ho  had  a  right 
in  tho  quadruplox  and  duplex. 

Q.  It  was  under  tho  phrase  “fast  tologrnphy"  that  ho 
based  lus  claim  ? 

A.  Precisely. 

Q.  Did  lie  montion  any  other  basis  of  his  claim  7 
270  A.  I  do  not  call  to  mind  any;  I  think  none  other. 

Q.  It  was  then  tho  agreement  of  April  1st,  1871,  which 
principally  occupied  Mr.  Harrington’s  mind? 


[Objected  to,  and  withdrawn.] 


tinm?Y°U  LaJ  b°f0,'°  y°U  tw°  oontract3  or  more  at  this 
A.  Only  two  that  I  know  of. 

Q.  Otio  was  a  contract  of  1870  and  one  of  1871  ? 

271  n  YQS'  S“'- 

tracts  'rT  roforonco  m^o  to  oitlior  of  tlicso  con- 
telegraphy?”  nil,'r,nSto»  connection  with  the  term  “fast 

A.  Only  by  roforonco  to  tho  rumor  ;t=„if 


A.  He  pointed  out  on  the  paper  where  the  words  “  f; 
telegraphy  ”  were  made  use  of. 

Cross-exam {nation  by  Mr.  Butler : 

Q.  When  did  you  first  know  that  Mr.  Prescott  claimed 
have  invented  anything  about  duplex  or  quadruplox  tei 
grnphy?. 

(Objected  to  as  assuming  that  there  was  a  timo  win 
this  gentleman  so  claimed,'  and  that  that  came  to  the  know 
edge  of  tho  witness.) 

Boforo  ruling  on  tho  question  tho  Court  adjourned  unt 
to-morrow. 


Ilr.Anixo  Rksuiied. 

May  1 1th,  1817. 

Gross-examination  of  L.  W.  Sorrell  resumed  by  Gonori 
Butler. 


[The  question  which  was  ponding  at  the  1 1  t  a  ljoin  en 
was  withdrawn.] 

Q-  You  said  yesterday  that  you  wero  tho  Patent  Solicito 
of  Mr.  Edison  boforo  ho  joined  with  Mr.  Harrington  ? 

A.  I  did. 

Q.  About  what  timo  did  that  rolatlon  between  you  and  Ed 
son  coninienco  ? 

A.  I  think  the  early  part  of  1870  or  tho  end  of  1809  ;  Ihav 
not  looked  at  that  date  to  ascertain  positively,  but  tho  firs 
business  I  had  to  do  with  Mr.  Edison  was  in  connection  will 
tho  printing  telegraphs. 


r.  Edison,  ami  laid  tallied  with  iiim  alone  upon  that 
i  I  think  ho  has  lieon  a  little  confused, 
ask  you  again  to  consider  whether  you  did  not  have 
■view  with  Mr.  Edison  alono,  prior  to  the  interview 
"■self  and  Prescott  jointly,  at  which  you  discussed 
in  the  cfl'cct  of  this  contract  on  record,  upon  tlio 
s  Unit  ho  was  then  proposing  to  engage  in  with 

ro  did  discuss  the  subject  of  the  joint  invention,  hut 
t  call  to  mind  that  wo  dismissed  the  bearing  of  this 
and  I  do  not  think  that  1  made  that  statement 
I  did  not  mean  to.  I  think  that  that  must  lmvo 
mt  ho  was  speaking  of  the  joint  invention.  I  can¬ 
to  mind  that  wo  discussed  tlio  contract, 
ning,  or  after  January,  1878,  had  you  any  converse- 
th  Mr.  Prescott,  upon  this  subject  ? 
equuntly  I  did. 

which  your  opinion  concerning  tlio  oil'cct  of  this 
,  or  tlio  possibility  that  tlio  contract  might  intro 
cct,  was  referred  to  1 

utlcn  I  object  to  that  as  loading  and  incompetent. 


hitler  objects  to  bringing  in  upon  re-examination 
its  ot  Mr.  Prescott,  about  which  no  inquiry  was 
on  cross-oxnminntion.)  *  ‘ 

•ill  ask  you  to  endeavor  to  recall  tlio  situation  in 
i0>,  ‘ '° I,01U-  o1'  H‘o  ilny,  the  time  at  which  tlio  par- 
,  >  t',e  0,1180  of  1,10  conversation,  and  everything  * 
mi  "  W8 , ,,volvctl  iu  that  joint  interview  of  about 
_0th,nnd  tell  me  whether  you  remain  quite  sure 
Prescott  made  am-  ai.au-,.,.  . . 


Q.  Did  he,  Sir.  Prescott,  and  Mr.  Ellison,  answer  sin 
tnucously,  in  one  moment,  as  by  ono  voice? 

A.  It  was,  ns  I  stated,  a  casual  remark.  I  could  not 
which  ono  spoko  first,  but  it  wns  substantially  simull 

Q.  To  whom  did  you  ninko  the  remark,  do  you  think 
A.  I  do  not  think  I  made  tlio  remark  to  either  one,  b 
made  it  in  their  presence  and  wns  answered  jointly. 

Q.  And  in  precisely  the  same  terms  by  both? 

A.  Substantially  tlio  same. 

Q.  And  at  precisely  tlio  samo  moment  T 
A.  Very  nearly. 

Q.  And  nothing  further  said  about  it  ? 

A.  Nothing  at  all  that  I  can  remember.  I  think 
wns  everything.  It  wns,  ns  I  stated,  only  a  ensun 
mark. 

Q.  When  they  omno  to  you  they  had  the  July  agreomc 
I  understand,  with  them— or  on  ono  occasion? 

A.  They  did. 

Q.  Tli at  wns  shown  to  you  when  for  tlio  first  time? 

A.  About  the  10th  of  August. 

Q.  And  by  whom  ? 

A.  I  think  by  Mr.  Prescott. 

Q.  You  think  Mr.  Prescott  showed  it  to  you  first? 

A.  I  think  so. 

Q.  "Was  ho  alone  1 

A.  I  think  not.  I  think  Mr.  Edison  wns  there. 

Q.  Had  you  over  known  Sir.  Prescott  previously  ? 

A.  Oh,  I  had  known  Sir.  Prescott  and  done  business  for 
him  beforo  this  qmulruplex  invention  ennio  to  light. 

Q.  How  long  beforo  that  time  had  you  done  your  last 
business  for  him  ?  ,  .  _  .  , 

A.  I  think  I  did  somo  business  for  him  about  July  ot 


.  I  lmcl ;  ft  great  tloal. 

.  Occupation,  Ijmlgo  from  the  listof  patents  wliicli  you 
l)l=eii  somowlmt-you  might  call  it— continuous  j 

.  That  was  so. 

,  I  will  ask  you  to  look  at  tho  paper  which  I  now  show 
[Paper  handed  witness.]  You  have  tcstiileil  to  a  list 
'touts  made  by  you  at  tho  request  of  Mr.  Heim  I  think 
had  it  in  your  hand.  Is  tho  paper  which  you  now  hold 
py  of  that  list  ? 

It  is  a  copy  to  a  certain  extent,  but  it  has  changes 
additions.  You  see  those  cases  wero  not  pntented  at 
time.  They  arc  now  patented. 

Ir.  Lowroy  reads  in  ovidonco  tho  list  referred  to,  which 
marked  in  evidence,  <<  Defendant’s  Exhibit  40.”) 

Hr.  Sutler: 

This  wus  made  by  you  1 
•  Partly,  and  partly  by  a  clerk  of  niino. 

1  perhaps  misunderstood  one  of  your  answers,  and  in 
i  to  see  ir  I  mu  correct,  I  will  ask  you  whether,  at  anv 
view  with  Mr.  Prescott,  tho  contract,  which  is  spoken 
being  on  record,  was  present  and  examined » 

JotiOn  any  occasion  that  I  know  of  until  tho  early 

•mirth.?  fU  bef0IC  you  ^,no  011 10  «'*  stand,  to 
la  cs,  more  than  once,  in  words  substantially  liko 
i.  that  >ou  and  Mr.  Prescott  had  discussed  tho  con- 
of  Burlington  and  Edison  ! 

K  ‘J'!8  “  00,,t™dic“°»  for  tho  purpose  of 
ul  tmg,  it  must  bo  made  much  more  specific. 

The  only  statement  that  I  t-., 


Q.  I  moan  tho  paper  containing  this  list  of  pa 
hibit  40.”  And  you  gave  a  copy  to  tlioso  goal 
came  to  you;  you  did  that  in  your  clients’  bush 
A.  I  made  out  a  copy  anew,  including  a  gre 
there  is  not  in  this,  partially  from  my  books,  a 
from  this  paper  that  had  come  back  again  ii 
possession. 

Q.  But  still  it  related  to  tho  business  of  Mr.  E 
Harrington,  your  clients;  didn’t  it? 

A.  Not  any  nioro  than  to  other's.  It  sliowe 

and  Stock  patent  and  tho  automatic - 

Q.  [By  Mr.  Lowroy.]  It  is  true,  whatever  it 
A.  So  far  as  I  know. 

Q.  [By  tho  Court.]  It  is  a  compilation  from 
isn’t  it? 


William  Orton,  called  ns  a  witness  on  helm 
a, its,  being  duly  sworn,  testified  ns  follows : 

By  Mr.  Loiccry  : 

Q.  You  arc  the  President  of  tlio  ‘Western 
graph  Company,  and  reside  in  tho  city  ? 

A.  I  am  and  I  do. 

Q.  How  long  have  you  been  President  of  tin 
A.  I  think  I  wns  olectod  President  in  1807. 
Q.  You  havo  been  President  over  sinco? 

A.  Ever  sinco ;  yes,  sir. 

■  Q.  Taken  an  nctivo  part  in  tho  management 
of  tho  company  ? 

A.  1  havo  had  no  other  business.  All  my  t 


428  Q.  In  very  brief,  wlmt  is  that— tlio  most  coneiso  state¬ 
ment  of  it  ? 

A.  It  is  a  process  for  the  transmission  at  the  same  timo 
of  two  sots  of  signals  in  opposito  directions. 

Q.  Do  you  know  in  general  when  that  was  invented  by 
Mr.  Stearns  t 

A.  No,  sir  i  I  do  not. 

Q.  Do  you  know  wlion  it  was  patented,  about  1 

A.  I  do  not)  I  lmvo  an  improssion  on  the  subject,  but  t 
liavo  no  knowledge. 

429  Q.  Do  tlio  Westorn  Union  Telegraph  Co.  own  that  1 

A.  They  do. 

Q.  About  whon  did  they  purchnso  it  1 

A.  It  is  my  impression  that  it  was  in  tlio  spring  of  1872— 
early  in  1872. 

Q.  Ha vo  they  used  it  sinco  that  timo  1 

A.  They  liavo. 

Q.  Constantly,  over  sinco  7 

A.  I  think  every  day,  sir. 

Q.  Do  you  know  Mr.  Norman  0.  Miller  ? 

A.  I  do. 

480  ■  Q.  Did  you  have  any  conversation  with  Mr.  Miller  in  or 
about  February,  1873,  having  any  relation  to  telegraph- 

(Objeotcd  to  by  Mr.  Butlor.) 

The  Court:  Ho  may  state  whether  ho  lmd  any  conversa¬ 
tion  or  not. 

The  witness :  I  had. 

.Q  State  what  that  conversation  was  about  ? 

481  (Objected  to.  Question  admitted.) 


oarofnlly  oxaininod  it — v 
is  a  witness  hero,  called 
by  showing  conversation 
tlio  testimony  is  not  adi 
only  bo  admitted  upon 
signor,  nml  that  his  dei 
our  title.  That  must  be 
is  to  bo  sustained,  if  at  i 

Mr.  lowrcy :  Excuse 
was,  whothor  tlio  inline  1 
tlio  conversation. 

Mr.  Butter:  Tlio  who 
olso  no  part  of  it  is  adm 
1  say,  the  only  ground 
introduced  is,  that  thos 
against  his  interest  whi 
wo  now  claim  to  bo  oun 
put  in  ovidonco  tho  ado 
ilico  of  tho  assignee,  w 
montt  This  was  in  tl 
incut,  if  wn  liavo  got  an 
groat  deal  further.  It  i 
ploy  an  agent  more  or  1 
missions  for  him,  and  t 
taken  against  us.  Tin 
vohiolo  of  proof  is  wro 
thing  to  bo  proved  is  n 

The  Court  [to  Mr.  Lo' 
any  admission  by  Mr.  1 
wise,  tending  to  niVeet  1 
defendants  1 


110 


111 


fl  486  (The  question  is  excluded.) 


Q.  Is  tlio  signature  of  tlmt  in  your  linudwriting  ? 

A.  It  is. 

Q.  Did  you  give  nny  direction  concerning  tlmt  lottornftor 
|  437  it  was  writton  ? 

A.  I  do  not  understand  your  question. 

Q.  I  must  not  ask  loading  questions;  but  did  you  direct 
it  to  bo  burned,  for  instnnco  ? 

A.  I  did  not;  I  gavo  the  letter  to  Mr.  Miller. 

Q.  Did  you  givo  to  Mr.  Miller,  with  the  letter,  any  di¬ 
rection  or  make  nny  request? 

A.  I  do  not  romombor., 

Q.  Subsequently  to  the  delivery  of  this  letter  did  you  see 
Mr.  Edison? 

A.  I  did. 

3  Q.  Did  Mr.  Edison  say  anything  to  you  ns  to  this  letter 
or  its  subject  ? 

J! Ir.  Butler:  Tlmt  calls  for  the  jndgmont  of  tlio  witness 
as  to  wlmt  was  tlio  substnneo  of  this  letter  which  your 
Honor  Ims  not  heard. 


Tlw  Court :  Do  you  now  proposo  to  prove  the  conversation 
between  Mr  Edison  and  this  witness  ? 

Mr.  Loiorctj;  Certainly. 

The  Court :  For  what  purposo? 

il/r.  Lotorcy :  For  tlio  purposo  of  establishing  the  de¬ 
fence  in  the  case  in  general,  and,  especially,  of  showing  that 
Mr.  Edison  first  said,  « I  have  scon  Mr.  Miller ;  ho  tells  mo 
of  your  letter— ho  shows  mo  your  lottor;  I  nm  now  hero  to 
treat  for  the  duplex  which  you  spoke  of,”  anil  then  pro¬ 
duced  tlio  receipts  which  are  here,  and  that  tlion  rosultoil 
from  that  tlio  contract  which  wo  sut  up  as  opposed  to  thoir 


contract,  ns  establishing  our  title  ns  against  their  title.  440 
That  is  wlmt  the  controversy  is  about. 

Mr.  Butler:  Wo  hnvo  now  got  to  the  matter,  viz.,  tlmt 
they  propose  to  put  in  Mr.  Edison’s  declarations  mndo  after 
February  tltli,  1873,  in  derogation  of  his  title,  which,  if  it 
was  assigned  to  us  at  all,  was  assigned  to  us  in  April, 

1871,  at  the  latest  date,  or  in  October,  1870,  at  the  earliest 
date.  If  wo  bold  the  title  at  all,  wo  hold  it  by  those  assign- 
incuts  and  nothing  else.  We  cannot  get  anything  else- 
How  then, can  an  assignor,  after  he  lms  sold  out  his  inven¬ 
tion,  or  his  land,  or  anything  else  to  me,  go  and  make  do-  , . 
durations  in  the  country  that  shall  affect  my  title  in  a  court  4 
of  justice.  The  other  point,  which  I  nm  very  glad  to  meet 
now,  ns  it  may  snvo  a  great  deal  of  further  discussion  in 
this  easo,  is  this:  It  is  claimed  here  that  by  some  verbal 
agreement  or  negotiations,  not  reduced  to  writing,  they 
can  hold  a  patent  or  acquiro  some  title  to  a  patent.  To 
tlmt  I  answer  that  everything  that  was  said  or  done  is  im¬ 
material  unless  it  was  reduced  to  writing,  us  it  would  be  in 
the  case  which  is  so  familiar  with  us  all — the  sale  of  real 
estate.  The  law  of  patents  says  tlmt  titles  to  patents  shall 

•  bu  convoyed  by  written  instruments,  ami  it  has  been  do-  442 
eided  by  every  respectable  court  that  lias  ever  had  the  sub¬ 
ject  before  it,  with  a  uniform  current  of  decision,  tliut  noth¬ 
ing  of  a  patent  can  pass  by  parol  uny  more  than  the  title  to 
real  estate  can  puss  by  parol.  It  is  a  statute  of  frauds  us 
regards  patents. 

Therefore,  a  part  of  this  bill,  I  observe,  sots  up  that  in 

*  consequence  of  certain  negotiations  and  certain  talk  in  1863, 
they  got  soiiio  title  to  this  patent  or  somo  assignment  of 
Edison’s  inventions  which  afterwards  was  paid  for  mid 
closed  by  tlio  receipt  for  $5,000  of  December  0th.  The 
fact  of  this  receipt  stands  upon  the  paper  alone.  It  con-  443 

^  not  he  added  to,  explained,  vnrlcd,  mndo  lurger  or  smaller 
in  any  way  by  purol,  any  moro  than  can  a  deed  of  real  es- 
-  tato.  The  only  difference  botween  real  estate  and  a  patent 
'  is  tliis :  Tlmt  tlio  transfer  of  a  patent  must  bo  written  and 
not  under  seal,  whereas  a  deed  of  real  estate  must  bo  writ¬ 
ten  and  under  seal.  They  can  obtain  neither  equitable  nor 
i  legal  lions,  nor  claims,  nor  rights  to  a  patent  without 
writing,  to  be  enforced  in  a  Court  ol  Equity,  nny  more  than 
they  can  enforce  in  a  Court  of  Equity  nny  legal  right  by 
parol  with  reference  to  real  estate. . 


^  - _ j  ‘‘■grr"  tt  - 


462  Mr.  Orton,  tlmt  1ms  been  mentioned,  to  discuss  with  lHm  V 
tlio  subject  of  milking  inventions  for  tlie  'Western  Onion 
Tologrniili  Company,  that  slionld  improvo  tlio  Stearns’ 
duplex,  which  tlioy  then  owned  ;  tlmt  Mr.  Edison  brought 
with  him  at  tlio  time  various  examples,  which  are  in  hero 
ns  exhibits,  of  the  way  in  which  ho  could  make  duplexes — 
some  things  that  ho  had  already  thought  out;  that  in 
tlmt  conversation,  or  others  which  followed  immediately, 
Mr.  Orton,  after  having  looked  at  what  ho  could  do  and 
knowing  him  to  be  an  ingenious  man,  said  to  him,  “  Go  on 
now  and  see  next  what  you  can  do  by  way  of  improvements 
upon  the  Stearns’  duplex  or  by  way  of  duplexes  or  quadra- 
ploxos  generally.  Wo  will  take  them  as  fast  ns  they  nro 
made,  and  if  we  do  not  ugreo  upon  a  price,  wo  will  ilx  tlio 
price  by  arbitration and  that  Mr.  Edison  enmo  to  onr 
building,  entered  upon  his  work  there,  and  created  tlicso 
inventions  in  dispute,  there,  and  under  our  employment; 
and  part  of  the  case  following  this  will  ho  to  show  Hint  tlio 
inventions  now  uluimed  to  linvo  been  existing  at  somo 
former  time,  did  not  exist;  that  they  wore  not  then  in  ex¬ 
istence,  although,  if  they  were,  a  superior  equity  arises  to 
464  us  bccniiBo  wo  purchased,  innocently,  and  in  the  face  and 
eyes  of  people,  whoso  duty  it  was  to  como  and  givo  us 
notice  of  their  claims. 

That  is  what  will  como  from  this  proof;  and  I  am  merely 
entering  now  into  the  llrst  interview  with  Mr.  Edison,  not 
intending  to  prove  any  admission  by  Mr.  Edison,  which 
shall  be  in  derogation  of  tlio  title  of  anybody  else,  but  to 
prove  nets  and  facts  and  contracts. 

(The  Court  reserved  decision  ns  to  the  admissibility  of 
the  proposed  evidence,  until  to-morrow  morning,  to  which 
466  timo  the  easo  was  adjourned.) 


Direct  examination  of  Mr.  Orton  continued  by  Mr.  Lowroy. 


Mr.  Butler:  I  And,  upon  looking  at  tlio  records,  tl 
■liloli  I  had  overlooked,  to  wit:  Tlmt  precisely  a  simi 
ucstion  was  raised  upon  in  cross-examination  of  Mr.  E 
in,  and  it  was  thore  decided  by  the  Court  that  it  won 
ear  tlio  ovideueo  and  resorvo  tlio  cll'eet  of  it  to  bo  dispos 
f  after. 

The  Court :  I  also  suggested  that  it  should  stand,  so  i 
i  Mr.  Orton  was  concerned,  to  the  end  that  wliou  ho  w 
at  upon  tlio  stand  the  samo  line  of  inquiry  could  bo  mm 


A.  I  did  linvo  a  conversation. 

Q.  Did  you,  at  or  about  that  timo,  meet  Mi-.  Edison  ? 

A.  I  did. 

Q.  Where? 

A.  In  my  ofllco,  146  Broadway. 

Q.  Was  ho  there  by  arrangement  or  by  ncoidont  casually 
A.  If  you  mean  whother  ho  was  tlioro  by  appointment, 
ould  say  no. 

Q.  Was  lie  tlioro  by  nrrnngomont  ? 

A.  Ho  was  tliuro  pursuant  to  a  previous  arrangement. 
Q.  With  whom  ? 

A.  I  think  through  Mr.  Miller. 

Q.  Did  you,  at  that  timo,  convorso  with  Mr.  Edison  i 
spect  to  telegraphy  or  telegraphic  inventions  ? 

A  I  did. 

Q.  State  now,  as  nearly  ns  you  can  remember,  the  coi 
rsntiou  which  took  plnco  between  yourself  and  Mr.  Ed 
n  upon  thu  subject,  and  if  you  nro  not  ablo  to  givo  tli 
eciso  words,  state  tlio  substance  1 
ilfr.  Wheeler :  For  tlio  purposo  of  raising  tlio  point  an 
ring  onr  rights,  wo  take  tlio  objection  formally,  that  till 
idcnco  is  not  admissible  beenuso  tlio  case  is  without  til 
ituto  of  frauds.  It  makes  no  point  which  wo  do  not  wis 
bo  considered  ns  waiving. 


460  The  Court:  To  exclude  it  would  bo  to  dooido  substan¬ 
tially  ono  point  of  the  case,  which  I  am  not  now  prepared 
to  do.  '  * 

A.  I  thinlc  the  conversation  commenced  with  an  inoi 
dental  reference  to  tho  communications  that  had  passed  be¬ 
tween  us  through  Mr.  Miller,  and  came  directly  to  the  sub¬ 
ject  of  additional  duplexes;  it  is  also  my  impression  that  he 
produced  to  me  lien  sketches  and  drawings  which  ho  wont 
over  with  some  particularity  of  detail,  explaining  to  mo  tho 
lot  grounds  of  his  belief  that  he  should  bo  able,  with  proper 
apparatus,  to  make  theso  ideas  successful  and  practical  in 

Q.  Look  at  the  papor  which  I  now  hand  you,  Defendant’s 
Exhibit  No.  0,  and  state  whether  you  recognizo  that  papor  1 

A.  Yes.  I  do. 

Q.  Is  that  tho  paper  you  have  referred  to  as  being  shown 
to  you  at  that  timo  by  Mr.  Edison  1 

A.  I  am  not  prepared  to  sny  that  this  was  tho  first  ex- 
liibit  made  to  mo  by  Mr.  Edison  referring  to  tho  matters 

462  touched  upon  in  this  paper,  but  at  that  interview  or  a  sub¬ 
sequent  one  this  paper  was  produced. 

Q.  Do  you  mean  a  subsequent,  ono  or  at  or  about  that 
time,  or  when  1 

A.  At  or  about  that  time ;  wo  had  a  number  of  interviews 
in  a  very  short  timo. 

Q.  At  those  interviews  do  you  know  whether  Mr.  Edison 
was  aware  of  the  existence  of  tho  Stearns’  duplex  1 
xisA'  n°"nSi  it"'ast,l°  subject  of  conversation  between 

463  Q’  150  3-011  kno"’  tImfc  110  "’as  awaro  that  tho  Western 
Union  wore  working  and  owned  tho  Stearns’  duplox  1 

A.  I  hail  talked  with  Mr,  Edison  on  that  several  months 
before, 

Q.  Do  you  mean  that  yon  had  talked  with  him  in  such  a 
way  as  to  inform  him  of  that  fact  ? 

A.  Yes. 

Q.  Upon  this  occasion  that  you  havojust  spoken  of  tell  us 
all  that  was  said  by  yourself  and  by  Mr.  Edison  in  respect 
to  the  subject  of  making  other  duplexes  ? 

oitherbJVn?^  ry  f°1'  "!°  toruca11  tl,00XIU!t  ■'H’guage  used 
eitlioi  by  Mi.  Edison  or  by  mysolf;  if  it  will  sulllco  to  give 
tho  substnneo  I  think  I  can  do  that  very  clearly. 


j  The  Court :  Givo  tho  substanco.  I  suppose  it  will  bo  im-  464 
j  possiblo  to  attempt,  at  this  lato  day,  to  givo  tho  oxaet  lan- 
;  guage,  but  relate  it  ns  near  as  you  can  recall  it. 

A.  Mr.  Edison  treated  in  tho  conversation  tho  business 
of  making  a  duplex  as  a  very  trilling  nil'air;  he  said  ho 
;  could  make  mo  a  dozen,  and  I  think  he  said  he  could  mnko 
.  mo  a  bushel,  and  that  they  woro  of  no  sort  of  account  par** 

,  ticularly;  I  said,  “  Very  well,  I  will  take  all  you  can  make, 

,!  a  dozen  or  a  bushel;”  part  of  tho  conversation  was  in  the 
nnturo  of  badinage  of  that  sort,  and  then  wo  enmo  to  the 
serious  business  aspect  of  It)  ho  had  appeared  to  suppose  465 
that  he  should  avoid  any  infringement  of  tho  Stearns’ 
Potent ;  I  assured  him,  for  my  purpose,  that  that  would  bo 
just  ns  valuable,  in  my  opinion,  if  he  could  make  improve¬ 
ments  upon  the  Stearns’  which  could  bo  successfully  used 
without  an  infringement  of  tho  Stearns’,  as  to  mnko  inde¬ 
pendent  inventions. 

By  the  Court : 

Q.  Did  you  sny  that  your  company  owned  and  controlled 
the  Stearns’  patent  at  that  timo  ? 

A.  Yes;  at  that  timo  wo  wero  using  it,  ns  wo  thought,  466 
very  successfully;  wo  came  to  tho  question  after  that  in 
respect  to  tho  mode  of  settlement  concerning  any  patents 
that  ho  might  bo  nblo  to  obtain  and  turn  over  to  us  rela¬ 
tive  to  this  subject;  tho  conversation  was  explicit  ns  to 
this:  that  ho  was  to  go  on  and  make  all  tho  inventions  lie 
could,  and  get  all  the  pntonts  ho  could  and  turn  them 
over  to  us,  and  assigning  them  to  us ;  that  he  was  to 
rcccivo  such  compensation  ns  we  should  mutually  agree 
upon  or  failing  to  agree  that  tho  matter  should  he  referred 
to  competent  arbitrators  to  determine ;  and,  in  that  con¬ 
nection  reference  was  mado  to  tho  fact  that  our  company 
lmd  a  contract  in  force  at  that  timo  with  Mr.  Gcorgo  M. 
Phelps,  ono  of  its  employes,  providing  for  having  tho  com¬ 
pensation  for  ail  pntonts  for  telegraphic  inventions,  in  tho 
yi^vont  of  disagreement  Axed  by  arbitrators. 

Q*  on  and  mention  what  was  said  which  you  can 
;  ^remember—  what  you  said  and  what  lie  said  on  that  oe- 
ijfcnsioii  1 

f.; a  A.  I  don’t  remember  anything  more  particularly.  I 


118 

488  should  add,  however,  tlmt  In  the  course  of  the  conversation 
it  was  stated  tlmt  ho  would  require  an  opportunity  to  uso 
the  wires  to  test  his  ideas,  to  exploit  them,  etc.,  and  I  gave 
him  assurances  that  lie  would  have  such  facilities. 

Q.  nave  you  mentioned  all  that  yon  can  now  recollect 
as  occurring  in  substance  at  tlmt  interview  ? 

A.  I  think  I  have ;  I  am  not  nblo  to  recall  anything 

Q.  Did  Mr.  Edison  fix  any  price  upon  any  one  of  tlioso 
inventions  at  that  time  1 
A.  I  didn’t  think  lie  did  at  that  time. 

469  Q-  Como  to  the  next  interview? 

A.  At  a  subsequent  Interview. 

Q.  About  when  was  this  interview  yon  have  spoken  on 
A.  It  was  in  February. 

Q.  Which  year! 

A.  1873. 

Q.  Did  you  notieo  the  date  of  Ex.  No.  9 1 
A.  Yes,  February,  13th. 

Q.  Was  it  after  that  or  about  tlmt  time  7 

A.  'l’lio  interview  at  which  that  exhibit  was  produced 

470  wns  about  that  time. 

Q.  And  that  is  the  interview  you  have  now  been  testify¬ 
ing  concerning  1 
A.  Yes. 

Q.  Which  exhibit,  you  say,  may  have  been  produced  at 
that  interview  or  produced  at  another? 

A.  Yes. 

Q.  You  don’t  fix  tlio  fact  positively  in  regard  to  that  ? 


io  for  85.00. 

you  can  recollect,  was  that 
era  you  discussing  flic  duplex 
u  discussing  any  larger  or 

a  remark  nindo  in 


119 

Q.  Now,  at  any  subsequent  interview  did  ho  mention  a  472 
price  for  the  duplex  ? 

S  A.  Ho  did  for  ono. 
ill  Q.  What  did  lie  say? 

■  i  A.  Ho  said  I  might  linvo  oi 

■  Q.  In  what  connection,  if 
; ,  said,  or  (hat  prico  fixed  ?  W 

system  of  telegraphy,  or  were  yor 

■  other  or  different  subject? 

A.  Jr.v  impression  is  tlmt  it  w 
nccfioii  witii  wlint  wns  a  frequent  matter  of  discussion  be¬ 
tween  Sir.  Edison  and  myself,  namely:  a  comparison  of  478 
;  the  merits  of  duplex  and  automatic.  Ho  was  strongly  in¬ 
clined  to  put  die  nutomnfio  process  very  much  ahead  of  the 
duplex;  and,  from  his  point  of  view,  ho  thought  duplex 
a  could  bo  ground  out  with  great  rapidity.  For  instance,  lie 
j  said  something  like  this:  “Here  is  ono  which  I  nindo  tlio 
1  night  before,  that  you  can  have  for  $5.00.” 

Q.  Was  anything  said  with  reference  to  furnishing  up- 
i  pnnitus  and  in  reference  to  affording  facilities,  other  than 
j  wlint  you  linvo  mentioned,  which  might  ho  required  of  him 
1  i»  carrying  on  his  experiments,  at  either  this  interview 
j  which  you  linvo  spoken  of,  or  at  any  prior  interview  con-  ^74 
corning  which  you  have  already  testified  ? 

A.  Yes,  sir. 

Q.  Wlint  was  said  and  when  wns  it  ? 

A.  I  do  not  remember  anything  deftuito  on  that  subject 
;  that  was  said  at  the  first  interview.  Possibly  it  wns  at  tlio 
i  second,  but  early  in  this  intercourse,  on  this  subject  it  was 
;  understood  tlmt  wo  were  to  furnish  tlio  apparatus  from  our 
i  stock  tlmt  might  bo  required  to  exploit  ins  ideas,  or  if 
i  wo  did  not  have  them  on  hand,  to  lmvo  them  manufactured.  . 


Q.  Now,  wo  como  to  the  noxt interview;  stnto  all  that  oc¬ 
curred  at  that  interview  which  you  remember  ? 

471  A.  My  impression  is  that  I  lmd  other  interviews  with 

Sir.  Edison  during  the  same  month,  and  that  they  were  of  2jy  the  Court : 

fTwimt”t‘ca,no  under  discussion  at  those  inter-  |  «3T  “it  was  understood,”  what  do  yon  mean  by 

t  i*.  ...  . ...  a,ltl„tnv  v  tlmt  j  it  is  rather  au  indefinite  expression  ? 

TiSZ  produced,  at  subsequent  interviews,  TawLlf  vmi  wiU  Jos,  ,^1“^  T  "if  ‘J0"0 

sketches,  sometimes  in  ink,  sometimes  in  pencil,  and  sonio-  *  ,  ’  ?  t  win  j,..  ,,  10  ,  ,  K  f°’f  s°  nn.<J 

times  made,  apparently,  while  waiting  for  admission  in  any  *******  "ill  do,  but  it 

anteroom ;  but  the  subject  of  duplex  and  its  operation  wns ;  ■  >"”*  , i*  ~  ,no  ns  1  ,r0,m8,nS to 

a  frequent  subject  of  discussion  betwoou  Mr.  Edison  and -  1  0  1CS0  nc  1  les' 

mysolf  at  subsequent  interviews. 


475 


120 ' 

475  By  ill)'.  Loicrcy ; 

Q.  Did  ho  ask  you  for  anything  of  that  sort  ? 

A.  Do  did. 

Q.  What  did  you  say  in  response  to  his  request  ? 
(Objected  to  as  leading.) 


Q.  Wlmt  was  said  by  Mr.  Edison  ns  to  what  ho  might 
477  require  from  you  ? 

A.  I  do  not  think  tlint  such  stntomont  was  nmdo  nt  any 
ono  time.  Mr.  Edison  would  eomo  in  and  say  wlmt  ho 
wanted  and  would  get  it,  and  tho  next  timo  ho  would  want 
something  elso  and  would  get  that. 

Q.  Do  you  mean  to  say  that  never  nt  any  time,  Mr.  Edi- 
son  expressed  to  you  tho  idea  that  ho  might  want  some¬ 
thing  from  tho  Western  Union  Company  f 


(Objected  to  ns  loading.) 


Q.  Wlmt  did  ho  require  ? 

A.  llo  required  relays  particularly,  and  I  think  keys,  and 
sometimes  ho  would  suggest  slight  modifications  in  things 
that  wo  lmd  in  the  stock,  and  they  wore  nmdo  as  suggested 
by  him  in  tho  shop. 

Q.  When  did  ho  make  these  requirements  1 

A.  Unless  I  could  bo  nblo  to  refer  to  papers,  I  should  not 
470  be  able  to  lix  tho  timo  definitely,  but  generally  in  tho  early 
part  of  tho  year  1873  is  my  impression. 

Q.  When  ho  mado  these  requirements,  did  you  comply 
with  them  ? 

A.  Yes,  sir;  always. 

.  Q.  Had  tliero  anything  over  been  said  before  in  respect 
to  such  requirements  which  led  you  to  anticipate  that  thoyi 
would  bo  nmdo ! 

A.  Yes,  sir;  that  ho  should  want  somo  apparatus  and1 
assistance. 


121 

Q.  Who  said  that?  4 

A.  Mr.  Edison. 

Q.  At  wlmt  timo?  A.  At  somo  ono  of  tho  earlier  inter- 

■  views  in  1873. 

Q.  While  tho  matter  was  in  negotiation  between  you  ? 

Q.  Wlmt  did  you  say  to  him  in  connection  witii  that  ? 

A.  That  ho  could  luivo  wlmtovor  ho  wanted. 

Q.  Uow  did  that  conversation  ns  to  tlicso  things  to  bo 
required  stand,  in  point  of  time,  with  rofcrenco  to  wlmt  you 
lmvo  told  ns  ns  to  your  directions  to  him  to  go  on  and  do 
tho  work,  and  that  you  would  tnko  idl  ho  could  make  ?  4 

A.  I  do  not  remember  whether  it  was  at  tlmt  tirst  intor- 
viow  or  immediately  afterwards. 

Q.  Did  it  occur  immediately  afterwards,  if  not  nt  tho  first 
interflow  ? 

•  A.  It  did. 

Q.  Did  it  occur  boforo  or  after  you  gavo  to  him  tlicso 

■  special  directions  to  go  on  and  work  tho  duplex  ? 

Q.  Either  at  that  timo  or  subsequently,  and  very  near 
|  that  time. 

Q.  Wlmt  did  Mr.  Edison  do,  if  you  know,  following  tlicso 
j  conversations  of  which  you  linvo  spoken  ?  4( 

i  A.  Of  my  own  kuowledgo  I  do  not  know  that  lio  did  any- 
'  tiling. 

Q.  Did  ho  over  como  to  you  after  tlint  timo  with  any  ex¬ 
hibits  of  work  ? 

A.  He  caiiio  to  mo  subsequently,  and  told  mo  wlmt  ho 
had  boon  doing  in  tho  way  of  experiments. 

Q.  Wlmt  did  ho  say  1 

:  j  A.  Ho  would  say,  for  instance,  that  “  last  night  I  tried  a 
j  liumbor  of  theso,  and  part  of  thorn  wore  reasonably  sue 
J  cessful  and  part  of  them  wero  not.” 

Q.  Did  ho  tell  you  wliero  ho  hud  tried  tlioso  ?  4f 

|  A.  Probably  ho  did,  but  I  do  not  now  remember  do- 
_  j  finitely  between  what  points. 

■It  Q.  But  I  mean  in  what  plnco  did  ho  mako  tho'trinl  ? 

}  A.  In  our  office,  145  Broadway,  and  on  liis  premises  iu 
i  Newark. 

Q.  You  did  know  that  somo  of  his  work  was  being  carried 
on  iu  How  York  ? 

A.  That  Is  my  understanding. 


m  addressed  to  tlmt  gentleman, 
rtighiiu  to  give  Sir.  Edison  sucli  facilities  ns 

'defendant's  Exhibit  11,  which  1  now  hand 
j  whether  you  have  ever  seen  that  before? 

Iviiow  the  handwriting? 

Mr.  Edison's  handwriting,  is  it  not? 

ns  this  first  brought  to  your  attention? 
ho  time  of  its  date, 
ed  April  1th,  1873. 
j|y  received  it  the  next  day. 

!ig  that,  did  you  liavo  any  interview  with  Mr. 

no  recollection  of  any  interview  ns  connected 
mornndum  particularly .  j 

u  an  interview  after  that  dnto  ?  . 


Q.  Try  to  recall  what  ho  said  at  those  interviews  con¬ 
cerning  what  ho  was  doing  for  you. 

A.  Some  time  during  tho  year  1873 — I  think  after  the 
return  of  Mr.  Edison  from  Europo— ho  unmo  to  me  com¬ 
plaining  somowhnt  that  while  tltoro  wus  no  indisposition 
manifested  to  cooperate  with  him,  the  kind  of  eoiiporation 
that  ho  had  received  from  the  company's  omployus,  in  tho 
uso  of  the  facilities,  etc.',  had  not  boon  such  ns  to  onnblo 
him  to  make  that  successful  and  satisfactory  progress 
which  ho  had  expected  to  make.  At  somo  time — I  think 
in  the  fall  of  1873— t  inquired  of  him  about  his  having  ob¬ 
tained  any  pntonts.  At  ono  of  theso  interviews  it  is  my 
impression  ho  stated  that  ho  had  nothing  yet  ready  to  pro- 
sont.  Whether  it  was  bccauso  tho  patents  had  not  been 
issued,  or  because  they  had  been  issued  and  ho  had  not 
chosen  to  present  them,  I  am  tumble  to  say. 

Q.  Ho  did  not  say  7 

A.  Mo,  sirj  hut  after  these  representations  from  him  to 
mo  that  it  was  necessary  for  him  to  liavo  bettor  assistance 
and  facilities  in  order  to  enable  him  to  accomplish  what  ho 
desired,  I  then  sent  for  Mr.  Prescott. 


•>»«  unit  a  low  Hays  tliorealtcr 1  fouml 
them  both  at  work  on  somo  experiments  in  tlio  cxpori- 
inontnl  room  in  tlio  building. 

Q.  Was  tlio  room  in  which  Mr.  Edison  and  Mr.  l’rcscott 
woro  making  experiments,  a  room  to  which  tlio  public  nro 
admitted? 

A.  Tho  public  ought  not  to  bo  admitted ;  I  cannot  say 
to  what  extent  they  nro. 

Q.  It  is  not  a  public  room  ? 

434  A.  No,  sir. 

Q.  Is  it  ii  room  to  which  Mr.  Edison  or  any  other  person 
would  bo  permitted  to  go  and  make  experiments  except  by 
the  consent  ot  the  officers  of  the  company  ? 

A.  No,  sir. 

Q.  Now  wo  will  return  to  this  series  of  interviews  of 
Which  you  huvo  spoken,  in  which  lie  made  statements  or 
reports  ? 

A.  Xlds  brings  the  ease,  according  to  my  recollection, 
along  about  tho  fall  of  1873,  or  tho  winter  of  1873  nnd 
after  this  now  arrangement  had  been  made.  I  saw  Mr 
495  Edison  frequently :  I  did  not  have  formal  and  extended 
conversations  with  him.  Ho  would  mention  from  time  to 
timo  what  ho  was  doing,  and  expressed  more  or  less  con- 
ildenco  as  to  Ins  ultimate  success. 

Q.  What  did  ho  say,  state  ns  nearly  ns  you  can! 


sa?‘th?hemdVtat°  ]1°  W0UW  “Mo  you  mean  t 


j  Q.  When  you  say  that  Mr.  Edison  “would  "say 
mean  to  say  that  he  did  say  or  that  lie  didn’t,  whit 
A.  Ho  did  say  it. 

By  Mr.  Lowrey:  From  timo  to  timo? 

A.  Yes. 

Q.  Did  ho  from  timo  to  timo  inform  you  that 
making  experiments  and  progress  ami  changes. 
•>  did  lie  say  lie  was  doing  in  rospect  to  this  business 


The  Court:  I  think  tho  memory  of  tlio  witness  1 
pretty  wull  exhausted,  and  I  am  of  tho  opinion  that 
may  now  put  tho  question,  and  that  it  is  at  tho 
stngo  competent. 

A.  He  did  report  from  time  to  timo  that  ho  was 
progress  in  these  experiments,  nnd  expressed,  I  she 
increasing  confidence  in  his  ultimate  success.  I  w« 
to  add  something  which  suggests  itself  to  mo  at 
incut  in  regard  to  previous  conversations. 

Q.  State  anything  that  oeeured  ? 

A.  In  one  of  tho  earlier  interviews  with  Mr.  E 
1873,  ho  asked  mo  tho  question,  if  a  duplex  that  I 
messages  in  tho  same  direction,  would  or  not  bo  a: 
hie  ns  one  that  sont  two  messages  in  opposito  (lb 
I  replied  to  him  that  it  would  liu  more  useful,  and  I 
her  giviug  tho  illustration  to  him  at  tho  timo,  rofc 
street  railways,  saying  that  everybody  desires 
down  town  in- the  morning,  and  to  go  uptown  at  nij 
that  I  tkoiiirht  it  would  bo  useful  to  hue  1  icihlics 


Q.  Look  nt  tlio  papers  I  now  lmml  you,  beiny  ilcfoii- 
limit’s  Exhibit  13  mill  15  A,  null  snys  whotlior  those  were 
over  brought  to  your  iitteution  ? 

A.  They  wore. 


502  Q.  Wlint  wns  the  liabit,  if  lio  Imil  nuy  lmbil,  of  Mr.  I 
Ellison  in  respect  to  making  reports.  Did  hecomo  in  with  $ 
'  them,  diil  lie  semi  them,  iliil  lie  make  them  orully  or  in  R‘ 
writing  ?  |v. 

A.  I  should  say  that  Mr.  Edison  rarely  enmo  to  my  desk 
without  having  a  memorandum  in  his  hand  that  ho  hail 
either  prepared  boforo  loaving  homo  or  that  lie  sat  in  my 
auto-room  and  prepared  while  waiting  for  tlio  interview. 

[Mr.  Lowroy  reads  Exhibit  13.] 

508  Q.  Havo  you  any  idea  of  when  you  received  that  f  It  * 
lins  no  date.  f. 

!  A.  I  havo  an  impression  as  to  tiio  time.  1  think  it  wns 


nt  which  tlio  inquiry  was  llrst  made. 

Q.  How  was  it  mentioned? 

A.  X  think  I  asked  him  tlio  question  if  lie  suececdc 
sending  two  messages  in  tlio  same  direction,  why  it  w< 
not  ho  as  easy  to  duplex  both  as  it  would  to  duplex 
null  that  there  would  bo  four. 

Q.  Wlmt  did  lie  say  to  that  ? 

A.  Ho  expressed  tlio  opinion  that  if  ono  could  be  done 
other  could  be  done. 

Q.  Look  again  at  Iff  A.  Are  you  ablo  to  identify 
paper  with  that  conversation  null  that  inquiry  in  any 
einl  manner  ? 

A.  bringing  the  two  together? 

Q.  Yes. 

A.  It  is  my  impression  that  that  paper  wns  not  presoi 
at  tlio  time  of  tlio  conversation,  but  very  soon  nftorwii 

Q.  Look  at  Exhibit  21  anil  say  whether  you  recog 
that,  or  whether  that  over  enmo  to  yoiirnotico? 

A.  Yes,  that  was  handed  to  mo  by  Mr.  Edison. 

[Mr.  Lowroy  rends  tlio  same  in  evidence.] 


A,  My  recollection  as  to  tlie  time  during 
especially  concerning  quadruples  wero  tirst 
indistinct,  I  should  say  they  wero  made  dur: 
1873  and  in  tho  spring  of  187-1 ;  but,  ns  I  hui 
marked,  they  dul  not  impress  me  as  being  i: 
conscipioneo  until  shortly  after  my  return  I'rc 
May,  1874. 

Q.  Non-,  roports  concerning  duplex  wore 
this  period;  when  did  they  begin? 

A.  They  begun  in  tho  spring  of  1873.' 

Q.  Was  there  a  period  during  which  tho 
inado  concerning  duplex  alone  ? 

A.  There  was  a  period  when  tho  roports  lmi 
tiroly  to  duplex. 

Q.  There  was,  tlion,  a  period  wlion  tho  repo 
dovolopo  n  distinction  in  respect  to  quadruple 

A.  There  was. 

Q.  Tlcnsc  state  your  best  beliof  or  impress! 


Vt  tlio  first  intorviow  l  had  with  Mr.  Edison,  niter 
turn  from  Europe,  lie  reported  very  successful  pro- 
iu  tlio  (Un-elopement  of  tlio  qundrnplex. 
lid  ho  sny  nnything  further,  or  did  he  stop  with  V 
words  1  ft 

[  have  no  recollection  ns  to  the  language  ho  employed 
Icing  this  report  to  mo. 

IVns  nnything  snid  ns  to  tlio  process  employed! 
there  wns. 

Whntwns  it! 

Ho  probably  explained  to  mo  oxnctly  how  it  wns  dono  ; 
t  think  I  nm  competent  to  ropent  tlint  to  your  Honor. 


Jlfr.  Zowrcy  i 

You  are  not  au  electrician. 


Bid  ho  explain  to  you  how  it  wns  dono ! 

Ho  did. 

At  more  than  ono  Interview ! 

At  moro  than  ono  intorviow. 

Look  at  Defendant's  Exhibit  14,  and  say  whothcr  you 
over  soon  that  letter  bororo  1 
1  have. 

I  will  ask  you  ono  question  which  t  omitted  in  tlio 
10  of  my  examination  upon  a  previous  point,  and  I  will 
t  now.  Recalling  your  attention  to  tlio  period  when,  | 


your  attention  ! 

A.  It  wns  not  long;  perhaps  n  week. 

Q.  By  whom  ! 

A.  By  Mr.  Prescott. 

Q.  Did  yon  nt  any  tiino  convcrso  with  Mr.  Edison 
tlio  subject  of  tlio  letter! 

A.  I  did  have  a  conversation  with  Mr.  Edison  ( 
subject  of  tlio  letter,  but  I  do  not  remember  that 
voracd  with  him  nt  that  time. 

Q.  Nor  about  Hint  timo;  wns  it  a  later  period  than 

A.  It  wns  latur  in  tlio  year,  I  think. 

Q.  What  was  snid  by  Mr.  Prescot  e 

this  lotter  when  lio  presented  it  to  you ! 

(Objected  to  as  immaterial.) 

(Objection  sustained.) 

Q.  Upon  receiving  this  lottor  wlmt  did  you  do ! 

A.  I  put  it  with  other  papors  that  I  was  not  able  I 
amine  during  business  hours  at  my  oflluo,  and  took  it 
for  consideration  at  my  leisuro  in  tlio  evening ;  l  hi 
conversation  with  Mr.  Prescott  on  that  subject  a 
time. 

Q.  At  any  timo! 

(Objected  to.) 


f  return  from  Europe,  lie  reported  vory  suecessrul 
ess  ill  tlio  developoineiit  of  the  qnndruplcx. 

Q.  Did  lie  say  anything  further,  or  did  ho  stop 
lose  words  i 

A.  I  have  no  recollection  as  to  the  language  ho  empl 
making  this  report  to  mo. 

Q.  Was  anything  said  as  to  tho  process  employed  t 
A.  There  was. 

Q.  Wlmt  was  it? 

A.  Ho  probably  explained  to  mo  exactly  how  it  was  i 
don’t  think  I  am  competent  to  ropoat  that  to  yonr  1 

By  Mr.  Bowrey : 

Q.  Ton  are  not  an  electrician. 

A.  No,  sir. 

Q.  Did  lie  explain  to  you  how  it  was  done  1 
A.  Ho  did. 

Q.  At  moro  than  ono  interview  1 
A.  At  moro  than  ono  interview. 

Q.  Look  at  Defendant’s  Exhibit  14,  and  say  wliotln 
mvo  over  scon  that  letter  beforol 
A.  I  have. 

Q.  I  will  ask  you  ono  question  which  I  omitted 
ourso  of  my  examination  upon  a  previous  point,  and 


(Objected  to.) 


it  and  to  become  a  partner  or  Mr.  Edison  under  tlm 
of  tho  contract.  It  is  clinrttod  in  the  complaint  in 
iso  tlmt  Mr.  Prescott  was  tiio  instrument  mid  tlie  too 
Western  Union  to  defraud  Edison,  and  bo  was  used 
rt  purpose,  and  did  wlint  lie  could  to  prevent  him 
getting  paid.  Unit  is  nn  allegation  in  tin  .1  ‘ 

wo  aro  entitled  to  rebut. 


i  Court:  'i’liero  is  no  evidence  ill  tiio  case,  so  far,  in 
at  of  such  an  allegation,  mid  it  is  not  necessary  to  | 


Butler:  After  this  explosion  of  Jlroworks,  which  is 
iy  brother  Porter’s  saying  that  wo  altered  the  “  or,” 
idraw  my  objection  and  will  consent  that  tiio  evidenco 


You'  say  that  you  considered  tho  proposition  over 
What  did  you  do ;  state  wlmt  was  dono  in  respect 
e  subject  of  tiio  lottori 

"Well,  in  a  day  or  two,  while  ho  was  at  my  desk,  I  ra¬ 
id  him  tho  paper  mid  stated  that  1  had  considered  the 
iir,  and  saw  no  reason  why  ho  should  not  bo  permitted 
ec'pt  Mr.  Edison’s  offer. 

Was  that  all  that  was  said  at  that  time  I 


A.  I  explained  to  Mr.  Prescott  wh 
witli  Mr.  Edison  was,  and  how  tho  c< 
to  he  made  by  tho  company,  was  to 
also  recollect,  now,  that  I  gavo  as  an  i 
assenting  to  tho  proposition,  that  it  w 
difference  to  tho  company  whether  tho 
it  should  pay  wns  received  by  one  peri 

Q.  In  mentioning  to  Mr.  Prescott  tl 
mention  all  tho  tonus  of  tho  contract  t 

(Objected  to.) 

tty  the  Court: 

Q.  Wlmt  did  you  tell  him  tho  contra 

A.  1  told  hint  the  contract  was  for  tl 
of  all  patents  and  improvements  in  du 
disagreed  as  to  tho  compensation,  tlm 
taincd  by  arbitrators,  and  then  follov 
that  it  would  not  mnko  I  < 
whether  they  dealt  with  two  persons 
that  contract. 

tty  Mr.  Lottery: 

Q.  ITml  you  a  conversation  with  Mr. 


186 


137 


refcrenco  to  his  proposition  anil  its  acceptance,  qmto  inch 

<l0Q  IVas  there  anything  said  in  respect  to  how  the  con- 
tract  with  the  company  should  stand  after  the  intro- 
auction  of  Mr.  Prescott  as  his  partner? 

A.  I  do  not.  remember. 

Q.  Did  you,  at  any  time,  say  to  Mr.  Edison,  in  respect  to 
the  fact  that  Mr.  Prescott  had  to  come  in,  anything  in  re¬ 
gard  to  the  manner  of  ranking  tlio  compensation  or  of 
taking  the  conveyance  of  patents  ? 

641  (Objected  to.)  , 

Q.  Did  you  know,  at  that  time,  that  this  agreement  of  K 
tho  7tli  of  July  had  been  prepared  1 
A.  Yes ;  at  tho  time. 

Q.  Before  that  timo  did  you,  in  conversation  with  Mr. 
Edison,  in  rognrd  to  Dxing  tho  compensation  between  tho 
now  IH-m,  so  to  speak? 

A.  I  do  not  remember. 

By  the  Court : 

42  Q.  You  said,  a  moment  ago,  that  you  did  liavo  a  con¬ 
versation  with  Mr.  Edison  in  rognrd  to  tho  fact  that  ho  lmd 
made  this  proposition  to  Mr.  Prescott,  mid  that  it  luul  been 
neeopted.  "Was  that  conversation  anterior  to  tho  7tli  of 
July? 

A.  It  was  not. 

By  Mr.  Bowery : 

Q.  It  was  not  until  aftor  they  had  made  tho  agreement? 

A.  No,  sir. 

is  Q.  Beginning  at  tho  timo  when  you  learned  that  tho 
agreement  had  been  made  between  Mr.  Prescott  and  Mr. 
Edison,  what  after  that  timo  was  done  by  Mr.  Edison  with 
respect  to  experimenting  and  with  respect  to  the  b..s.i.ess 
of  disposing  of  these  inventions  to  you  ? 

(Objected  to.) 

The  Court ;  I  will  receive  tho  evidence ;  to  oxcludo  it 
would  givo  a  construction  to  tho  agreements  of  October  and 


April  which,  at  this  juncture  of  tho  case,  T  am  not  willing  644 
to  do. 

A.  Tho  experimenting  wont  on  very  actively. 

Q.  Where  ? 

A.  In  tho  oxporimontal  room  of  tho  company,  145  Broad¬ 
way;  I  had  gcnornl  knowledge  that  it  was  going  on  myself 
ovory  night  and  during  a  portion  of  the  time  in  tho  day,  for 
I  visited  tho  rooms  frequently  and  witnessed  the  experi¬ 
ments.  How  soon  the  apparatus  was  put  upon  the  lines 
and  set  up  in  Ilia  operating  rooms  and  set  to  doing  the 
business  with  tho  other  apparatus  I  am  not  able  to  say.  g  jg 
Q.  Hut  it  was  set  up  on  tho  lino  to  do  business? 

A.  It  was;  I  spoko  to  Mr.  Edison  some  timo  in  the  fall 
of  1874  about  tho  nmttor.of  a  settlement,  introducing  that 
subject  myself;  I  distinctly  remember  that  Mr.  Edison 
stated,  on  tho  occasion  of  my  speaking  to  him  about  an  ad¬ 
justment  and  ail  accounting,  that  ho  lmd  no  patents  ready 
to  bo  assigned ;  that  they  were  hold  in  some  state  in  tho 
Patent  Ofllco,  with  tho  details  of  which  I  am  not  familiar, 
where  they  wore  not  acccssiblo  to  tho  public,  in  order  that, 
by  tho  experimentations  and  exploitations  that  wore  going 
on  all  tho  while,  they  might,  perfect  them  to  tho  highest  g  jg 
possiblo  degree  before  they  should  bring  them  before  tho 
public;  that  is  the  substance,  ns  near  as  I  can  get  at  it,  of 
tho  answer  that  ho  then  made :  at  a  subsequent  timo  ho 
applied  to  mo  for  some  money. 

Q.  Look  at  the  paper  now  handed  you,  which  is  Exhibit 
24 ;  you  liavo  soon  that  boforo  ? 

A.  Yes. 

Q.  It  was  handed  to  you  by  somo  ouo? 

A.  It  was  handed  to  mo  by  Mr.  Edison  himself;  ho 
brought  it  in,  linving  writton  it,  ns  I  supposed,  wliilo  ho 
was  sitting  in  my  anto-room.  617 

Q.  About  what  time? 

A.  It  was  in  tho  fall  of  1874. 

Q.  Was  sonionionoy  paid  to  Mr.  Edison  about  that  timo? 

A.  Not  at  that  timo,  subsequently  to  that. 

Q.  IIow  near  to  tho  payment  of  tho  money  was  the  re¬ 
ceipt  of  this  paper  ? 

A.  It  may  liavo  been  for  a  week  or  two. 

[Mr.  Lowroy  read  tho  paper.] 

18 


1S9 


■  1 Mr  Edison  when  ho  handed 

my  reply  ‘n  mraium  sum  ^^vcon  tUo  highest  uml  this 
l0QC.Nviiat  did l.o  say f 

whether  you  rccognizo  that  1 

t-^jwsssss^:25 


tlint  was  given  fo 


C50  °f  QWld'eU  is  December  10 ? 

A.  Iboliovo  so.  ■  i: 

[Komis  same  in  ovidouco.]  U 

Q  DO  you  know  nnytldng  about  tbo  preparation  of  that  | 
pnpor  1  , 

A.  In  wlmt  respect i  tormB.  Do  you  know 

«s  rsr sr.s" z.  »««>  — *  - 

551  terms  1 


By  the  Court : 

Q.  State  the  eireamstanees  under  wbieh,  and  the  man. 
in  wliieli  tiro  receipt  was  prepared. 

A.  I  turned  tbo  matter  of  tlm  dcU.  °' “-S.  -i'Ue 
ford,  the  vice-president  of  tbo  company,  sumo  dona.  ; 


paper  is  in  tlio  lmndwriting  of  Mr.  Brower,  I  believe,  who  552 
was  an  assistant  of  Mr.  Manifold  in  the  oillee,  in  same 
capacity,  and  who  is  now  tho  secretary  of  the  company. 
Whether  Mr.  Mumford  called  in  any  professional  assist¬ 
ance  in  preparing  the  instrument  or  not  I  don’t  remember. 

Bo  brought  it  to  mo  alter  it  lmd  been  prepared,  and  l 
glanced  it  ovor,  and  gave  my  assent  to  it  generally,  and  it 
was  executed. 

Q.  Mr.  Edison  signed  it? 

A.  Yes. 

Q.  Did  you  give  any  attention  to  tho  preparation  of  tho 
form  of  that  pnpor  ?  5(53 

A.  I  did  not. 

Q.  Bor  tho  substance  ? 

A.  Bo,  sir. 

Q.  From  tho  payment  of  this  monoy  in,  toll  11s  what  took 
place.  Did  experiments  continue,  and  work  continue,  and 
negotiations  continue? 

A.  Work  continued  j  negotiations,  I  think,  had  been  in 
progress  before  tho  execution  of  tho  pnpor. 

Q.  Wlmt  negotiations  do  you  now  refer  to  ? 

A.  I  refer  to  negotiations  with  Mr.  Edison  concerning 
the  conveyance  to  us  of  wlmt  I  understood  to  bo  tho  654 
patents,  ready  to  bo  issued  whenever  ho  desired  tlint  they 
should  como  out  and  bcconio  public;  and  we  were  discuss¬ 
ing  tho  basis  of  tho  arrangement. 

Mr.  Butler  1  I  think  wo  aro  entitled  to  what  was  said. 

Q.  Wlint  was  said— give  tho  conversation  ns  nearly  ns 
you  can  recollect? 

A.  It  is  exceedingly  difficult  for  mo  to  give  tho  details  of 
tho  conversation  in  tho  vast  mass  of  conversations  that  I 
conduct.  666 

The  Court :  Givo  tho  substanco  as  nearly  ns  you  can. 

A.  I  can  givo  tho  substanco,  but  tho  words  thomsolvos  it 
is  vory  difficult  for  mo  to  attempt  to  give.  I  think  I  ought 

I  to  say,  ns  preliminary  to  tho  negotiations,  that  I  had  been 
requested,  on  behalf  of  Mr.  Edison’s  family,  in  making  this 
negotiation,  to  provide  for  continuing  payments  during  a 
term  of  years  iustead  of  a  certain  sum  of  mouoy  in  baud. 


?  lr  thorn,  mat  dirt  they  relate  to. 

but  they  hart  been 

;  before  this  monoy  was  paid. 

rsu-  »>”""*  °r 

ami  1 

^mato’of  fact  wo  know  there  have  hcei  none 
a,  ye  How  ami  wherertirt  these  negotiations  take 
mil  were  any  of  them  oral,  or  any  ol  them  m  wnt- 

bey  took  plaeo  in  my  oflieo  ami  were  partly  oral  ami 


tlint,  ami  in  whoso  handwriting  the' body  ui 
tines  are? 

A.  I  recognize  it  as  a  paper  I  have  seen  ho 
the  handwriting  of  Edison. 

Q.  And  tlio  signatures  ? 

A.  Are  tlmso  ofT.  A.  Edison  and  G.  B.  Prt 
Q.  Ho  yon  romomher  that  paper  being  limn 
A.  I  do,  by  Edison. 

it{Q.  And  loft  with  yon  about  die  dnto  tlint  r 

A.  I  should  any  about  tlio  dnto. 

Q.  Look  at  Exhibit  No.  2/5. 

A.  1  recognize  tho  handwriting. 

Q.  Yon  remember  it  boing  handed  to  yon  ? 
A.  1  don’t  remember  the  circumstances  uni 
was  handed  to  mo;  1  romomher  having  seen  i 
Q.  You  can  state  whether  this  was  liandod 
part  of  the  negotiations  of  this  lnttor  part  of  1 
A.  I  cannot. 

Q.  In  respect  to  tills  paper  No.  27,  the  lotto 
Edison  and  Prescott— was  tiioro  any  converse 
at  tlio  time  with  Edison  1 
A.  Tiioro  was  no  conversation  about  it. 

Q.  Can  you  recall  it  7 


,  i.  .yijioii  X  mnclo  at  tno  tunc. 

"q.  "\Vliat  was  tlint  00!'v®|^”g0\.0(iUBO  this  to  llgnrcs,’’ 

A.  Thoomloraomoiit  is,  lloMO  „  aoni.ito  form 

which  was  to  represent ;  tl.Mo  q[.  |m  ummmcd 

l"n»T  andl  oskcd  tlmt  it  to  rc  1  me  1  t  lb  °  ,  «!  at  18  t0 

say,  applied.  ,  „  .  , 

Q.  you  didn’t  rojeot  tlmt  1 

(Objected  to  and  waived.) 

u,;t— a«  -*«  -  s;“C' 

toll  Edison  tlio  story  of  tho  ow  nci  i  form  it 

pointed  ^-^ffiS^toto-pt-in 
was  necessary  ior  1  to  m  m  i  rocoivcd  i,im  gra- 
for  tlm  appointinent,  and  tl  o  ^  m  t0  pllt  to  him, 

ciously,  and  said  l  o  ns  “l  “  5  d  t‘  own  the  boat  at  the 
and  tlmt  was  whether  he  ox .  mean  i  ^  s„tislled  to 

end  of  the  firat  ““80"'h°lt  Jns  lUo  tirst  answor  I  made.  It 

wait  a  year  or  tno.  Ihat  it  should  tornado 

666  is  ''iyre“^f.0  .t  mi  k  t  ogr<’t  it,  nor  imply  ^ 

x'undorstood  what  it  would  amount 

^  t0Q.  And  you  said  that  substantially  to  Edison  1 

A.  That  is  my  recollection.  ? 


Q.  Edison  left  that  paper  with  you  1 

;:s 

67  ures  made,  and  brought  to  mo  subsequently. 

which  ho  would  produco  hereafter.) 

n.  Did  you  receive  any  restatement  or  reduction  of  this 
1>l  a!  \  received  a  restatement,  but  1  am  not  able  to  say, 


without  tho  figures  that  wore  prosonted  to  mo  at  tho  timo, 
whether  it  was  a  reduction  or  not;  if  I  may  add,  I  will  say 
that  tho  principal  point  about  tho  next  statement  was  that 
it  was  more  precise  and  explicit. 

Q.  Look  at  tho  paper  now  in  your  hand,  which  is  Exhibit 
No.  20,  and  say  if  you  have  over  seen  tlmt  boforo. 

A.  I  have., 

Q.  When  and  wliero ! 

A.  It  was  subsequent  to  tho  pnpor  that  has  just  been 
shown  to  me,  dated  Decomber  10th  or  17th. 

Q-  At  what  place  1 
A.  At  my  plnoo. 

Q.  Is  tins  in  Mr.  Edison’s  handwriting  ? 

13.  It  is;  it  was  brought  ill  by  Mr.  Edison  . mid  handed 
to  mo,  and  wo  had  a  conversation  about  it. 

Q.  About  what  timo  was  this  i 
.  A.  It  was  near  the  end  of  December,  I  should  say. 

Q.  What  wns  tho  conversation  which  you  laid  '! 

A.  1  said  to  Air.  Edison  in  substnneo,  “  If  yon  lmd  asked 
mo  to  make  the  proposition— which  ho  laid  never  done— 
the  diU'erenccs  between  tho  one  which  yon  now  submit  and 
what  I  mu  prepared  to  offer  you  are  quite  iiunaitorial ;  our 
views,  therefore,  are  in  substantial  accord;  I  uni  going  to 
Oldcngo  in  a  day  or  two,  and  ns  soon  ns  I  return  ivc  will 
tuko  this  up,  put  it  into  shape,  mid  execute  it. 

Q.  Is  that  all  yon  said  substantially;  or  what  did  ho 
say  i 

A.  I  don’t  romombor;  L  don’t  recall  anything  that  was 
said  relating  to  tills  matter,  nor  do  I  recall  wlait  reply  lie 
ho  made,  uxcept  tlmt  lie  acquiesced  in  it. 

Q.  Look  at  Exhibit  28 ;  is  that  a  copy  of  your  letter  to 
Mr.  Edison  of  tlmt  date  1 
A.  I  should  say  tlmt  it  wns. 

Q.  By  whom  was  that  sent  to  Mr.  Edison,  if  you  ro¬ 
mombor  ? 

A.  I  think  by  Gonornl  Marshall  Lefforts. 

Q.  Ho  is  sineo  dead? 

A.  Yes,  sir. 

Q.  Hail  you,  between  tho  date  of  that  lottor  anil  tho 
leaving  of  this  Exhibit  20  with  you,  hoard  of  anything 
from  Edison— laid  ho  communicated  with  you  in  any  way  1 
A.  No,  sir ;  I  think  not. 


q.  Ton  line!  boon  to  Chicago,  lind  you  ? 

0  a.  I  had  boon  i  yes,  sir. 

i  sr: » - « ..... « 

j“"» » ~  *>  “» 
time  of  your  return  ? 

A.  Yes,  sir. 

A  S',  messenger  or  messengers  to  him  and  sought 
to  got  in  communication  with  him,  and  did  not  succeed  in 

578  gr3t  communication  that  you  snccccd- 

,rti:  groins  that  it  was  this  communication,  do- 
livored  through  General  Lofl'orts. 

Q.  This  letter  1 

Q.'  I  wiiuall  your  attention,  now,  to  the  earlicriiartot 
the  year  1874,  and  nt  the  interviews  saul  to  hni  o  taken 
place  at  at  that  timo  botweon  yourself  and  Mr.  Josiuli  0. 
Boiff. 

5U  (Objected  to.  Objection  overruled,  and  exception  by 
plaintiff.) 

Q.  Yon  know  Jdr.  Jteiff,  I  think  yon  have  said! 

Q.'  DMyw  have  any  negotiations  or  interviews  with  Mr. 

Boiff  in  the  early  part  of  tho  year  1874,  in  relation  to  tlio 

“MIS*-  .....  m,  »..»•  n.  m  »  »» 

Europe  in  1874,  and,  I  think,  in  the  month  of  .Tune. 

B7e  Q.  State  specifically  tho  i  ibjeet  of  tho  conversations 
which  you  had  with  Mr.  Boiff.  ,  .  , 

A.  Am  I  permitted  to  stato  what  led  to  tho  interview  ! 

Q  I  presume  you  will  bo.  I  intend,  at  first,  to  fix  a 
subject  which,  I  suppose,  wo  nil  understand;  and  then  I 
shall  ask  how  that  subject  was  first  introduced  to  jour  at¬ 
tention,  mid  why  you  enino  to  seo  Mr.  Boiff. 

A,  If  it  was  in  June  at  all,  I  can  fix  it  very  closely.  It 
was  subsequent  to  an  interview  that  I  had  with  William  11. 


Damdgc,  which  was  on  tho  11th  or  12tl.  of  Juno,  and  it  was  ™ 
prior  to  my  caving  Now  York  for  a  somewhat  extended 
absence,  which  was  on  tho  18th  or  10th  of  June 

10  y1,nti  subject  did  tho  interview  with  arr.  Davidgo 
relate,  without  saying  anything  which  Mr.  Davidgo  or  you 

A.  I  was  notified  to  meet  air.  Davidgo  to  consider  over 
turps  which  I  had  boon  informed  ho  desired  to  nmlco  and 
n  Inch  ho  did  inako  nt  the  mooting. 

Davidgol'^  "'"8  41,0  °f  th°  i,,ton’io"'  arr. 

totell^nTnW1^0"  ^  “I’erturos,  made  by  arr.  Davidgo,  677 
th°  ^  ostom  Tolegraph  Company  ti.e  con 
trol  of  the  nutomntio  tologrnph.  J  me  eon- 

memiwTbniT  t'‘°1  mit0"mtio  tc]«grnph-what  do  you 
mean  bj  that  term  when  you  use  it? 

(Objected  to.) 

(lo^ot^hink  H  utT84  n0t  nt  0,0  fn0t  ns  1vo  1,086  °"»<  I 
lo  not  think  that  the  witness  can  bo  permitted  to  stato 

what  significance  he  attached  to  tlioso  words  in  this  eon 
versa tion  with  air.  Davidgo. 

(Question  withdrawn.) 

1 

A.  I  think  I  liavo.  679 

Q.  Wlion,  and  wlioro  did  you  seo  it! 

h.itv*  ,41lil'k  “m"8  lno<luce(1  t0  »«o  by  arr.  Davidgo,  nt  tho 
mtoiMow  to  which  I  have  just  referred,  in  tho  oflico  of  O. 

JI.  I  aimer,  arutunl  Lifo  Insurance  Company.  A 

Mr.Lowrcj ;  Tin’s  paper  has  been  identified  as  signed  by  ■ 
Ir.  Harrington,  but  was  not  rend  in  ovidonco.  I  propose  I 
w  to  read  it  in  ovidcuco,  ns  being  tho  declaration  of  air.  I 


148 

580  BmlniM, 

ssr 

sale,  of  tho  automatic  tologwi  •  important  part 

oral  subject notico'to  Sir.  Orton,  as  Prcsi- 

«»»«["”  “  *:  “»S  Llduca  It  c«.n- 

at  tlmt  time,  anj  mtorost  rtniuly  ,md  not  con- 

admittedly  0  .  ,  t  ttl0  negotiation  instituted  by 

csss-’asswtja--- 

«■  s:,;“ rjs?  ss*«*  *“» 

Mr  Dickerson:  Wo  propose  to  show  that  Mr.  Orton  being 

fr;;;rass^”“«CL 

carding  tlio  intervention  ofDavidgo  and  to  a  conversation 
tliat  did  occur. 

Mr.  Butler:  My  proposition  is,  tliat  nothing  that Davidgo 
could  say  would  bo  ovidcnco,  and  tliat  nothing  tliat 


147 

Orton  could  say  to  him  would  be  evidence.  Tho  letter  eon-  584 
tains  no  authority  to  Mr.  Davidgo  to  say  wlmt  tho  extent  of 
their  interest  was.  It  becomes  a  naked  declaration  of  Mr. 
Harrington  for  buying  the  automatic  property. 

The  Court:  It  is  not  proposed  to  bind  anybody  by  any 
declarations  in  the  letter,  but  to  show  that  the  authority  was 
conferred  upon  Davidgo  by  Harrington,  to  negotiate  with 
respect  to  tho  sale  of  automatic.  Tho  objection  being  sim¬ 
ply  to  tho  materiality  of  that  fact,  I  will  take  it  for  what 
it  is  worth,  and  determine  its  effects  hereafter. 

(Tho  pnpor  which  was  dated  February  18th,  1874,  and  685 
which  was  formerly  marked  defendants  Exhibit  84,  A.  for 
identification  was  read  in  ovidcnce.) 

Q.  Look  at  tho  letter  which  I  now  hand  you,  Exhibit  84  ? 

A.  I  never  saw  that  paper  before. 

iTr.  Lowretj :  This  paper  is  identified  as  being  in  tho 
handwriting  of,  and  signed  by  Mr.  Harrington,  addressed  to 
William  H.  Davidgo.  In  support  of  tho  offer  I  will  say 
that  if  it  should  be  admitted  on  our  offer,  wo  will  stipulate 
that  it  shall  be  stricken  out  unless  I  furnish  proof  that  this 
paper  was  found  in  the  papers  of  Mr.  Davidgo,  now  deceased, 
by  his  administratrix,  enclosed  in  tho  letter  which  has  just  686 
been  read,  and  it  was  sent  to  mo  in  that  shape.  It  is  a  pa¬ 
per  which  refers  to  tho  letter  and  is  tho  basis  of  an  nrrango- 
ment  underneath  the  letter.  It  is  dated  Fobruary  15th 

lft  7.1  ’ 


(Objected  to.  Admitted.) 

(The  pnpor  which  was  marked  defendants  Exhibit  84,  for 
identification  was  read  in  evidence.) 

The  Court :  Understand  distinctly  tlmt  tho  defendant  dis-  gov 
avow  any  interest  to  clmrgo  anybody  with  tho  admission 
contained  in  tho  letter  or  power  of  attorney,  as  limiting  tho 
oxtent  of  its  grantor’s  claim. 

Mr.  Lowrcy:  Cortainly. 

Mr.  Dickerson :  These  papers  do  not  touch  that 

(Adjourned  until  Monday.) 


/ 


\ 


148 


688  New  Yoiik,  May  21,  1877. 

!'  Mot  pursuant  to  adjournment.  Parties  appearing  as  bo- 
fore. 

Mr.  Lowrey  calls  attention  to  folio  2,286  of  tho  printed 
minutes,  and  to  tho  lotter  of  Mr.  Orton,  read  by  Mr.  Butlor 
in  evidence,  and  which  was  not  markod  ns  an  oxbibit,  It 
is  agreed  that  it  bo  marked  “Ex.  88  D,”  and  it  is  so 
markod. 


By  ifr.  Lowrey ; 

Q.  I  think  you  mentioned  to  mo  that  you  wished  to 
mnko  somo  explanation  7 

A.  I  hnvo  been  afforded  tho  opportunity  to  road  tho 
stenographer’s  report  of  tho  examination  thus  far,  and  in 
connection  therewith  I  hnvo  also  been  rending  tho  examina¬ 
tion  of  Mr.  Edison;  and  tho  reflection  upon  tho  subject 
calls  to  my  mind  one  or  two  mnttors  occurring  in  tho  sum- 
1  mcr  of  1874,  which  it  seems  to  mo  I  should  have  brought 
out  in  answer  to  the  questions  put  to  mo  about  tho  matters 
that  wore  transpiring  at  that  time.  Ono  question  was 
whether  I  had  had  any  conversation  with  Mr.  Edison  con¬ 
cerning  his  negotiations  or  arrangement  with  Mr.  Prescott, 
and  I  answered  that  I  hnd,  and  I  think  your  Honor  ashed 
mo  if  it  was  before  or  subsequent  to  tho  agreement  of  July 
9th,  and  I  nnswored  “subsequently."  It  is  true  that  I  did 
have  ono  subsequent  Tho  inquiry  wont  no  furthor,  but  I 
.  recollect  a  conversation  had  with  Ifr.  Edison  before  July 
9th,  at  somo  time  in  tho  early  part  of  Juno ;  and  tlioro  woro 
also  somo  transactions  with  Mr.  Edison  about  that  timo 
which  I  could  not  givo  in  response  to  the  questions  asked 
mo,  or  which  I  had  forgotten  whilo  I  was  being  examined,  I 
do  not  now  remember  which.  Am  I  at  liberty  to  state _ 

Q.  Ah,  undoubtedly.  If  there  is  anything  improper  it 


J  important  with  Mr.  Edison.  He  B 


1  referred  to  tho  offer  that  ho  had  made  to  Mr.  Prescott,  and  692 

I  which  I  had  authorized  him  to  aoeopt,  and  took  oooasion  to 

express  his  senso  of  obligation  to  Mr.  Prescott  for  his  h  earty 
1  cooperation,  and  generally  for  tho  services  which  lie  had 
'J  rondored  him.  The  next  point  that  it  seemed  to  mo  I  ought 
j  to  have  placed  in  proper  order  was  an  advance  of  $8,000 

I  madc  to  Mr.  Edison  on  the  80th  day  of  June.  It  was  made 

j  by  an  arrangement  through  Gen.  Marshall  Lcfforts,  then 
|  President  of  tho  Gold  and  Stock  Telegraph  Company,  for 
J  which  Mr.  Edison  had  previously  done  and  was  then  doing 
I  ™oro  or  lcsa  work  of  manufacture  and  invention.  The  693 
.  Western  Union  Company  having  no  account  with  Mr.  Edi- 
j  son,  and  there  being  nothing  in  shapo  to  constitute  what  I 
considered  a  proper  basis  of  account,  I  authorized  tho  pay¬ 
ment  to  Mr.  Edison  of  $8,000.  It  was  done  by  the  draft  of 
tho  Gold  and  Stock  Tologrnph  Company  upon  tho  ordor  of 
Mr.  Edison,  upon  tho  treasurer  of  tho  Western  Union  Com¬ 
pany,  and  this  was  endorsed  by  Mr.  Edison  and  presented 
to  tho  treasurer  of  thoWostorn  Union  Company  and  paid  on 
tho  30th  of  Juno  for  lids  $8,000.  Subsequently,  and  in  tho 
month  of  December,  I  think,  in  an  accounting  between  tho  694 
Gold  and  Sloolc  Company  and  Mr.  Edison,  ho  wns  allowed 
a  sum  equal  to  tho  $8,000,  or  perhaps  in  excess  of  it,  for 
somo  inventions,  and  thus  tho  threo  thousand  claim  passsed 
from  a  claim  of  tho  Western  Union  Company  ns  against 
Mr.  Edison  to  a  claim  against  tho  Gold  and  Stock  Compnny, 
and  wns  charged  in  tho  account  between  tho  Western  Union 
and  the  Gold  and  Stook  and  settled  between  thorn,  and  it 
was  then  settled  between  the  Gold  and  Stook  and  Mr.  Edi¬ 
son.  That  is  all  that  I  hnvo  to  say  as  to  that.  Thero  is  ono 
transaction  that  came  up  in  tho  month  of  July,  and  on  the  696 
8th  day  of  that  month.  That  was  the  application  to  mo  on 
tho  part  of  Mr.  Edison  for  a  loan  of  $10,000. 

Q.  Go  on  and  stato  what  that  was. 

A.  Mr.  Edison  had  made  -  application  for  a  loan  of 
$10,000  for  tho  purposo  of  paying  off,  as  wns  alleged _ 

Mr.  Butler:  That  wns  what  ho  said  ? 

A.  That  wns  what  ho  said,  for  tho  purposo  of  paying  off 
a  chattel  mortgago  for  a  like  sum  due  to  a  Mr.  Unger,  who 


160 

696  bad  formerly  been  my  business  partner,  and  at  tbo  timo  of 
which  I  speak  was  somehow  connected  in  business  with  Mr, 
Hamilton  E.  Towle,  tbo  engineer. 

Q.  Mortgage  upon  what? 

A.  Mortgage  upon  tbo  shop,  macliinory,  equipment,  etc., 
some  shop  at  Newark ;  and,  in  expectation  of  this  applica¬ 
tion  to  be  made  by  Mr.  Edison  to  me,  on  my  return,  Mr. 
George  M.  Phelps,  the  Superintendent  of  tiio  Western 
Union  Company’s  factory,  had  made  a  visit  to  Newark,  and 
bad  prepared  a  schedule  of  the  property  which  Mr.  Edison 
597  was  to  submit,  and  winch  ho  did  subsequently  submit  to 
mo  ns  tbo  security  for  the  loan  of  $10,000 ;  after  somo  brief 
consideration  I  expressed  to  Mr.  Edison  a  decided  disincli¬ 
nation  to  make  a  loan— so  large  a  loan,  certainly — upon 
personal  property  in  another  Stnto  and  in  tho  possession  of 
the  mortgagor,  and  expressed  a  desire  to  have  something 
else. 

By  Ur.  Butler. 

B98  Q.  Mortgagor  or  mortgagee? 

A.  In  the  possession  of  tho  mortgagor;  ho  said  bo  had 
nothing  else  to  offer  mo  cxcopt  bis  automatic ;  wo  had  somo 
;  conversation  about  tho  matter,  and  I  advised  him  to  soe  the 
!  automatic  people,  bo  having  stated  to  mo  in  that  conversa¬ 
tion  that  they  had  paid  bint  nothing  up  to  that  timo  on  ac¬ 
count  of  bis  automatic  inventions  or  automatic  patents,  and 
ho  loft  mo  for  the  purpose,  ns  I  understood,  of  conferring 
with  those  people ;  and  at  a  subsequent  interview,  within  a 
few  days,  ho  informed  mo  that  lie  had  mndo  an  arrangement 
ggg  to  obtain  his  money. 

Q.  Give  us  all  tho  conversation.  You  say  you  advised 
him.  In  what  terms  did  you  advise  him  ? 

A.  I  think  tho  language  I  used  was  substantially  this: 
shall  I  state  all  that  was  snid  by  mo  in  that  connection  ? 

Q.  Stnto  what  you  said.  I  want  to  know  in  what  terms 
you  advised  him. 

A.  "  What  I  desire  is  that  you  shall  have  this  money,  and 
I  intond  to  help  you  to  get  it  in  somo  way ;  if  these  people 
haven't  paid  you  any  money  yet  on  that  account,  it  seems 


161 

to  me  that  they  aro  the  proper  parties  to  whom  you  should  600 
apply  for  tins  assistance;’’  there  was  also  something  said 
nbout-they  would  prefer  not  to  have  a  lien  established 
upon  Mr.  Edison  s  interest  in  the  automatic  by  his  obtain¬ 
ing  a  loan  from  us,  and  I  expressed  tho  opinion  that  they 
would  not  like  to  have  such  a  lien.  J 

Q.  Was  anything  snid  ns  to  what  you  might  do  in  caso 
he  did  not  get  tho  money  from  them  ? 

Ur.  Butler:  I  supposo  wo  have  all  that  was  said. 


601 


%  Thc  WOkws  :  I  think  I  stated  to  him  to  come  back  to 
I  ,aml  Iot  "i°  kno*i  n,ld  I  would  see  what  I  could  do  for 
i  him  ;  to  that  effect. 

/  afl2'?Al’d  110  d‘d  00m0  bnok'  08  l’ou  lmvo  snid,  a  low  days 
j  A.  Yes,  sir. 

J  Q.  And  you  learned  from  him  then  that 'bo  had  mado 
tho  nrrangoinont? 

A.  I  did. 

MrQbSo°n?U  flX  th,S’  1,10 8lh  °f  Jaly’  b’V  •pedal,  602 

A.  Yes,  sir ;  I  do. 

Q.  What? 

A.  I  returned  to  Now  York  on  tho  morning  of  tho  7th 
of  Ju  y,  and  I  find  that  I  wrote  on  that  day  a  letter  to  Mr. 
Hamilton  E.  lowle,  to  have  him  use  his  good  offices  with 
Mr.  Unger,  not  to  press  Mr.  Edison  for  a  few  days,  until 
we  could  help  him  nbout  this  mnttor ;  that  wns  on  tho  7th  of 
July,  and  it  was  tho  next  day  that  I  had  tho  interview  with 
Mr.  Edison. 

n'nnBrf0r0  ^  Edison  toId  y0U-  w,lnt  ho  wanted  tho  6°3 
$3,000  for,  on  tho  80th  of  Juno? 

I  A.  I  do  not  roinombor  anything  specific  nbout  that. 

Q.  But  Hint  wns  paid  to  him  at  that  timo  by  your  direc¬ 
tion,  but  through  Gen.  Marshall  Lcfterts,  ns  I  understand? 

tion  tlmt  aU  tlmt  ,y0U  wish  t0  Bny  way  of  expinua- 
A.  Yes,  sir;  that  is  all. 


152 

604  Q.  Now,  wo  will  como  back  to  the  period  of  which  wo 
■o  speaking,  and  which  was  that  in  which  you  made  tlio 
l  to  Mr.  Harney’s  office,  and  met  Mr.  lieiil';  when  wo 

adjourned  1  had  shown  you  the  letters  of  Mr.  Davidge, 
and  wo  wore  approaching  the  period  when  you  met  Mr. 
Eoiif  nt  tho  office  of  Mr.  Barney? 

A.  Nothing  had  been  said  concerning  the  interview  with 
Mr.  Davidge. 

Q.  Well,  when  Mr.  Davidge  presented  you  these  letters 
what,  if  anything,  took  place  in  respect  to  the  subject  of 

605  the  letters  ? 

A.  Tlicro  was  but  ono  letter  presented  to  mo. 

Q.  Well,  with  reference  to  the  letter? 

Mr,  Sutler :  That  will  bo  under  tho  snmo  objection,  I 
suppose. 

The  Court  i  Yes,  sir. 

The  Witness,-  Tho  interview  with  Mr.  Davidge,  which 
was  in  tho  offico  of  Judge  Palmer,  of  tho  Mutual  Lifo  In- 
006  suraneo  Co.,  and  in  their  building,  lasted,  nt  least,  nn  hour, 
I  should  say,  and  perhaps  moro ;  much  of  it  was  occupied 
with  a  discussion  of  tho  merits  of  nulomntio  telegraphy, 
and  very  little  of  it  ns  to  what  Mr.  Davidgo  had  to  sell ; 
indeed,  ho  did  not  appear  to  understand  tho  obligations,  of 
which  I  had  a  general  impression  nt  that  timo  that  existed 
between  tho  various  parties  in  tho  automatic ;  there  was  noth¬ 
ing  concluded,  however,  nt  that  interview,  nor  was  any  ar¬ 
rangement  made  to  meet  again  ;  but,  from  what  had  been 
said  to  mo  by  Judge  Palmer,  and  ono  or  two  others  of  my 
607  directors,  added  to  what  transpired  nt  this  interview,  I  had 
determined  to  submit  to  the  Executive  Committed  of ’the 
Western  Union  Co.,  for  its  special  and  specific  consideration, 
the  question  whether  the  Co.  would  entertain  a  proposition 
to  purchase  tho  control  of  the  automatic. 

The  Court:  Be  careful,  Mr.  Orton,  to  state  what  occurred 
between  yourself  und  Mr.  Davidge  only. 

A.  I  have  now  left  Mr.  Davidgo  and  thoro  is  a  transi¬ 


tion  from  Mr.  Davidge  to  Mr.  Beiff,  at  the  office  of  Mr.  flno 
Hiram  Barney,  who  had  been  my  personal  friend  for  many  608 
years,  and  whom  I  was  in  tho  habit  of  meeting  daily  on  tho 
train.  I  was  also  very  well  acquainted  with  Mr.  Boiffi  I 
preferred  to  have  negotiations  with  a  man  whom  I  knew  as 
I  know  Mr.  Beiff,  and  who  was  directly  interested,  as  I  sup- 
posed,  in  the  business,  than  with  a  man  who,  like  Mr.  Dav¬ 
idgo,  who  I  supposed  was  merely  a  middleman.  And  I  said 
to  Mr.  Barney  that  I  would  like  to  have  an  interview  with  Mr 
Beiff  for  tho  purposo  of  going  over  the  subject  of  this  inter¬ 
view,  of  which  I  spoke  to  Mr.  Barney  in  general  terms. 

609 

j  By  Mr,  Lowrey  : 

i  Q.  Why  did  you  select  Mr.  Barney  ?  Was  there  any- 
thing  known  to  you,  or  supposed  by  you  to  exist  in  tho  way 
i  of  relations  betwon  you,  Barney  and  otliors  which  led  you 
1  to  select  him  ? 

(Objected  to  ns  loading.) 

Q.  Why  did  you  select  Mr,  Bnrnoy  ? 

A.  Mr.  Barney  had  disoussed  automatic  telegraphy  with  610 
me  frequently,  and  for  a  considerable  period  of  timo,  and 
had  stated  to  me  that  ho  had  some  business  of  thoso  people 
in  Ins  office,  and  I  know  from  thoso  conversations  that  ho 
was  personally  intinmto  with  Mr.  Beiff  and  Mr.  Barring- 

Q.  You  mot  Mr.  Beiff  at  tho  offico  of  Mr.  Barney  ? 

A.  I  did,  sir. 

Q.  Stato  what  took  place? 

A.  Woll,  I  am  obliged  to  remark  in  respect  to  that  intor- 
view,  as  I  have  done  with  reference  to  some  others,  that  it  is  611 
only  an  occasional  phrase  that  fixes  itsolf  on  my  mind  ;  gen- 
orally  what  transpired  Ihnvo  very  clearly  in  my  mind. 

Q.  Well,  you  cannot  remember  tho  words.  His  Honor 
will  permityou  to  give  the  substance  ? 

A.  I  requested  at  the  commencement  of  this  interview 
tlmt  we  should  not  consumo  timo  in  tho  discussion  of  tho 
merits  of  automatic,  because  that  seemed  to  be,  from  a  pro- 


165 


101 


fi 


612  vious  discussion  between  Mr.  Koiff  and  myself,  n  profitless  1 
discussion,  and  I  stated  substantially  the  purposo  for  which 
I  desired  this  interview. 

Q.  AVhat  did  you  state  it  to  be?  fi | 

A.  That,  in  brief,  was  this :  after  referring  to  what  had  ® 
transpired  in  substance  between  Mr.  Davidge,  Judge  Palmer  I 
and  myself,  the  offer  that  Mr.  Davidge  had  made,  I  ex-  1 
pressed  to  Mr.  Eeiff  an  indisposition  to  negotiate  with  a  third 


granger  to  me  uusmess  ol  both  companies.  I 
asked  Air.  llcifl'  to  stato  how  the  titles  were  held,  who  were 
618  the  owners  of  what  was  called  thonutomatic.  I  had  certain 
general  impressions  on  that  subject.  Ho  proceeded  to  stato 
that  the  National  Tolegraph  Compnny  had  built  and  were 
owners  of  a  lino  of  ouo  wire  between  New  York  and  'Wash¬ 
ington,  that  the  automatic  people  were  then  using  it  under 
neontraet  with  the  National  Telegraph  Company,  as  I  re¬ 
member.  Ho  gave  them  the  option  to  buy  this  lino  for 
some  figure  named,  I  should  say  somewhere  in  the  neigh-  j 
borhood  of  $100,000.  That  is  a  mere  impression  however 
Also,  that  there  was  another  party  in  tho  automatic,  con- 
611  s, sling  of  Mr.  Craig,  Mr.  Little  and  some  associates  one  of 
whom  I  think  was  a  Mr.  Grace,  and  1  have  tho  impression 
hat  there  was  a  Air.  Anderson  mentioned  in  that  cornice-  I 
tion,  though  I  do  not  know  any  such  person  ns  Afr.  Ander¬ 
son  m  the  business.  There  was  that  group.  i 

Q.  What  did  tlioy  own?  1 

mil'- .T1'03'  °rnC<? .l,!°  1,11,0  paloms  nnd  doubtless  somo  ' 
other  things  of  which  I  do  not  now  remember.  But  I  re- 
member  there  was  a  Craig  and  Little  party  and  interest  j 
616  ,  WnS  10 1,1 1,80,1  ero"P  of  P^onts,  that  he  explained 

",e'°  1101  °"',lcd  by  the  Automatic  compnny— at  I 
rm  ,.,01  ]Joon  transferred  to  the  Automatic  Company.  | 

bo  inv™  1  lb°  ,mmo  of  Qoore°  Harrington,  ready  to 
be  conveyed  whenever  any  necessity  therefore  should  arise,  j 

,  " 11011  tl!oro  "'ow  the  three  groups ;  was  thero  anything  I 

c!so  oc  tituting  the  property?  was  mere  any  iniug  i 

Jh  *  d°,  'f,'00'111  tllnt  ll'ore  was  anything  else  stated  re- 

the  subject.  Notwithstanding  I 
the  request  that  I  had  made  at  the  commencement  of  tlio  d 


intorviow,  wo  did  get  upon  a  discussion  of  the  merits,  and  616 
tho  rolntivo  merits  of  Automatic  and  other  processes;  and 
the  time  that  I  could  sparo  for  that  intorviow  was  consumod 
without  reaching  anotlior  point  which  I  particularly  desired 
to  reach,  and  we  adjoumod  to  meet  tho  noxt  day,  and  did 
meet,  I  think,  tho  noxt  day. 

Q.  At  the  same  place? 

A.  At  tho  same  plaeo. 

Q.  Who  were  present  at  tho  first  mooting  ? 

A.  Afr.  Barney,  Afr.  Re  iff  and  myself. 

Q.  Who  were  present  at  tho  second  mooting?  at  7 

A.  Tho  same  pnrtics. 

Q.  AVhat  took  placo  ? 

A.  I  had,  at  the  first  interview,  tho  day  boforc,  inquired 
the  terms— tho  price  at  which  those  parties  would  sell  tho 
control  of  that  which  Mr.  Davidge  had  offered  to  sell  a  fow 
days  before.  AVhcn  wo  got  to  that  point,  which  was  on  tho 
second  day,  I  was  asked  this  question— whether  by  Afr.  Bar¬ 
ney  or  by  Air.  llciff  I  am  not  clear:  “Now,  do  you  desire 
to  know  tho  prico  for  controlling  all  of  tlioso  things?”  I 
said  in  substance,  “I  nssumo  that  tho  control  or  all  would  618 
cost  more  than  tho  control  of  a  part.  It  is  my  opinion  that 
whatever  valuo  there  is  in  automatic  for  telegraphic  pur¬ 
poses  is  in  tho  patents  of  Ah.  Edison.  Therefore,  I  would 
like  a  price  for  tho  control  of  Air.  Edison’s  automatic  pat¬ 
ents  ” — that  part  of  tho  concern  which  was  kuowit  as  tho 
Edison  department. 

By  Mr.  Butler: 

Q.  Tho  Edison  group? 

A.  The  Edison  group;  tho  word  “group”  is  mino  of  to-  619 
day,  I  think.  I  liavo  read  the  testimony  of  Air.  lloilf  ou 
this  subject,  and  I  desire  certainly  to  avoid  antagonizing 
him,  unless  it  shall  bo  absolutely  necessary.  He  says  that 
no  oiler  was  made  to  mo  in  his  presence.  I  do  not  remem¬ 
ber  whether  Air.  lleiff  was  present  all  tho  time  or  not.  Tho 
offer  was  made  to  mo,  however,  by  Air.  Iliram  Baruoy. 

Q.  Before  you  spoko  of  that  oiler,  what  part,  if  any,  did 
Afr.  Barney  take,  during  those  two  days,  in  the  talk  and  ne¬ 
gotiation? 


!0  A.  I  should  say  that  ho  took  a  loading  part. 

Q.  Mr.  licitV  sitting  by  ? 

A.  Mr.  Boiff sitting  by;  Mr.  Boiff  participating  and  Mr. 
Barney  participating  ;  it  was  a  freo  talk  between  us  three. 

Q.  Very  well ;  on  this  second  interview,  tbon,  wliat  did 
Mr.  Barney  say  in  rospect  to  the  prico  ? 


!  Q.  Mr.  Orton,  I  read  to  you  from  the  testimony  of  Mr. 

Boill’,  as  printed  at  folio  1492,  this  question  and  answer! 

621  “Q.  What  answer  did  you  make  to  that?— A.  I  told  him 
‘'"’O  were  then  negotiating  with  cortmn  parties  for  tho 
“  formation  of  a  now  telegraph  company,  nnd  wo  were  under 
“  some  moral  obligations  to  them,  from  which  I  did  not 
“  wo  could  bo  released,  and  at  that  time  I  was  not 

11  prepared  to  discuss  tho  matter  of  price  or  sale  at  all." 
Stato  what  is  your  recollection  concerning  tho  conversa¬ 
tion  with  Mr.  lteiff  upon  tho  subject  which  I  Imvo  just  read 
to  you  about,  if  there  was  any  such  conversation  ? 

A.  I  have  this  general  recollection  concerning  tho  inter- 
,  v'ow>  t'lnt  Mr-  Boiff  was  coy,  and  appeared  willing  enough 
I  622  t0  lot  Mr.  Barnoy  negotiate  with  m- 


Q.  No,  what  was  said?  Did  Mr.  Boiff  say  that  to  you, 
or  Ins  understanding  of  that  ? 

A.  Not  that  I  remember;  no,  sir;  I  do  not  say  that  ho 
did  not  say  it,  I  simply  do  not  romembor. 

Q.  Did  you  talk  nbout  prioo  or  sale  with  Mr.  Eeiil’on  tho 
first  or  on  tho  second  day  ? 

23  A.  I  did  ;  and  while  Mr.  Beiff  was  present,  Mr.  Barney 
asked  the  question,  “  Do  you  want  a  price  in  money  or  in 
stock, ’  and  I  said,  "Either  or  both,  it  is  not  material 
which.” 

Q.  Wlmt  in  particular,  if  anything,  enables  you  to  re¬ 
member  that  Mr.  Beiff  was  present  at  tho  time  Mr.  Barney 
made  this  remark? 

A.  I  cannot  tell  you  why  I  romembor  it ;  I  simply  do. 


1;  Q.  Did  Mr.  Barnoy  make  to  you  any  offor  or  surest  to  6 
y°u  my  prico  in  rcspoct  to  the  sale  of  tho  automatic  on  that 
occasion  ? 

Mr.  Butler :  I  object  to  it,  unless  Mr.  Boiff  was  present. 

The  Court:  It  is  oxcluded  with  this  qualification,  unless 
it  appears  that  Mr.  Beiff  was  present 

Mr.  Lowrcy:  If  ho  answers  affirmatively  to  that,  I  was  6’ 
going  on  to  ask  another  question. 

A.  I  would  not  like  to  answer  tho  question  eatogorioally 
unless  I  can  answer  one  part  of  it  ns  apart  from  the  other’ 

It  is  in  tho  alternative,  aud  the  samo  answer  is  not  applica¬ 
ble  to  both.  11 

The  Court:  lot  him  answer  it  in  the  alternative  then. 


A.  Yes ;  ho  suggested  a  price. 

Q.  Was  Mr.  Beiff’  present? 

A.  I  am  unable  to  say. 

Q,  Was  it  at  tho  samo  interview  at  which  Mr.  Boiff  had 
been  present? 

A.  It  was. 

Q.  How  long  was  that  interview  ? 

A.  Possibly  an  hour ;  probably  loss. 

Q.  Do  you  romomber  Mr.  Beiff 's  leaving  tho  room  ?  fl 

A.  Sinco  reading  Mr.  Boiff’s  testimony  on  tho  subject,  I 
have  an  indistinct  impression  that  he  left  tho  room  during 
the  interview,  but  whothor  ho  returned  again,  or  did  not,  I 
do  not  remember. 

Q.  Beforo  Mr.  Beiff  left  tho  room,  had  thero  been  any  con¬ 
versation  in  which  cither  ho  or  Mr.  Barnoy  had  participated, 
relating  to  tho  prioo? 

(Objected  to  as  leading.  Objection  sustained.  Question 
withdrawn.) 


168 


169 


g28  Q-  You  have  stated  already  that  Mr.  Barney  asked  you  j. 
whether  ho  should  mnko  tho  price,  or  the  price  should  ho  j 
made  in  monoy  or  in  stock.  Did  I  rightly  understand  ; 
you?  f 

A.  Yes,  sir. 

Q.  Now,  what  was  said  boforo  or  after  Mr.  Roiff  loft  tho 
room? 

A.  That  was  said  in  Mr.  ReifFs  presenco. 

Q.  And  was  it  after  that  that  Mr.  Baruoy  suggested  a 
price,  as  you  liavo  stated  ?  y 

g29  A.  It  was  after  that.  J 

Q.  Now,  then,  I  will  put  tho  question  ns  to  what  it  was  [ 
Mr.  Barney  said  ? 

The  Court:  I  declined  to  let  the  witness  answer,  unless  it  t 
appeared  that  it  was  in  Mr.  Roift’s  presence. 

Mr.  Louirey :  I  understand  that.  I  will  now  put  this  . 
question  that  it  may  be  ruled  upon.  I 

g0Q  Q.  Flcaso  state  what  Mr.  Bnrnoy  said  in  respect  to  this 
matter  of  price  ? 

(Ohjcoted  to  and  rulod  out,  upon  tho  ground  that  it  docs 
not  appear  to  have  boon  said  in  tho  presence  of  Mr.  Roiff, 
and  in  view  of  tho  fact  that  Mr.  Reiil’  lias  til  ready  stated  that 
ho  was  not  prepared  to  discuss  tho  matter  of  price  at  all,  and 
then  left.  Exception  taken.) 

Q.  Mr.  Orton,  I  will  now  read  to  you  some  more  from 
the  testimony  of  Mr.  Reiil',  ns  printod.  At  folio :  1,489, 
03]  Mr.  Roiff  says:  “Mr.  Barney  stated  to  mo  that  Mr.  Orton 
desired  to  see  mo  concerning  telegraphic  matters.  I  met 
him.  He  dosirod  to  know  who  owned  and  controlled  tho  I 
various  patents  thnt  Mr.  Harrington  was  connected  with."  jj 
Will  you  stato  whether  nt  any  timo  you  asked  Mr.  Rieff  j 
who  owned  or  controlled  tho  various  patents  that  Mr.  Har-  I 
rington  was  connected  with?  1 

A.  I  did  not;  Mr.  Roiff  was  mistaken  ;  I  did  not  know  nt  | 
all  during  that  interview  how  those  patents  were  held.  | 


Q.  Did  you  know  before  thnt  interview  thnt  Mr.  Har-  fl 
[  rington  was  connected  with  any  patonts? 

A.  I  think  not ;  I  had  general  information  that  Mr.  Har¬ 
rington  was  an  interested  party  in  the  automatic,  but  what 
his  pcrsonnl  relations  to  it  wore  I  did  not  know. 

Q.  There  was  a  company  known  ns  tho  Automatic  Com¬ 
pany,  was  there  not,  engaged  at  that  time  in  doing  busi- 

A.  There  was  business  being  dono  in  tho  nnmo  of  an 
automatic  company,  but  as  to  the  fact  of  the  organization, 
or  tho  character  of  it,  I  had  no  information.  6 

Q.  Is  it  thnt  that  you  refer  to  when  you  have  just  now 
Enid  thnt  you  knew  Mr.  Harrington  had  an  interest  in  auto- 

A.  Yes,  sir,  connected  with  business  of  automatic  tolo- 
graph  which  was  then  hoing  carried  on. 

Q.  I  pass  to  folio  1,490  and  read  question  and  answer. 

11 Q.  Whnt  did  you  say  ?  A.  Thnt  Mr.  Little’s  inventions 
wore  controlled  by  tho  Automatic  Telegraph  Company,  in 
connection  with  n  contract  with  the  National  Telegraph 
Company,  nnd  thnt  part  of  Mr.  Edison’s  inventions  were  (j 
controlled  by  Mr.  Harrington.” 

Q.  Did  Mr.  Rieff  say  thnt  to  you,  or  any  part  of  it? 

The  Court:  You  had  better  put  tho  -whole  question.  The 
following  lino  is  a  necessary  part  of  tho  question,  I  think. 

Mr.  Louirey ;  Well,  not  for  my  purpose.  I  liavo  no  objec¬ 
tion  nt  all  to  rending  it.  It  is  a  statement  of  fact  and  not  a 
qualification  ns  to  interest. 


Q.  Put  your  eyo  upon  the  question.  [Showing  from  tho 
printed  report  the  romnindor  of  tho  answer  referred  to.] 

A.  Docs  this  question  require  a  categorical  answer  ? 

The  Court :  Tho  question  is,  did  tho  conversation  occur 
which  is  detailed  in  the  question  nnd  answer  that  have 
been  rend  to  you. 


181 


636  The  Witness  .-  That  is  implied  in  the  question  and  answer 
which  were  read  to  me  which  did  not  occur.  The  conver¬ 
sation  related  entirely  to  automatic,  and  among  tho  explana¬ 
tions  mado  was  that  Mr.  Edison’s  patents  woro  held  by  Afr. 
Harrington,  not  having  been  convoyed  to  the  automatic 
company. 

Q.  Was  anything  said  as  to  Mr.  Edison’s  inventions  in 
general  in  that  conversation  relating  to  telegraphy  ? 

A.  Nothing  so  understood  by  mo. 

687  Q-  Well,  was  anything  said  at  all  ? 

A.  I  do  not  remember  that  anything  was  said,  but  I 
should  like  to  add,  Air.  Reiff  and  I  rarely  came  together 
without  discussing  tho  speed  of  our  respective  horses. 

Q.  What  do  you  mean  by  that?  What  was  his  horse? 

A.  Tho  automatic  was  his  fast  horse,  and  the  duplex  aud 
its  possibilities  was  mine. 

Q.  In  tboso  conversations  did  anybody  claim  automatic? 

A.  Yes,  sir;  Air.  Reiff  claimed  tho  automatic. 

Q.  Did  anybody  claim  tho  quadruplox  in  those  converse- 

688  tlons  1 

A.  No,  I  do  not  remembor  that  tho  quadruplox  at  that 
time,  was  tuo  subject  of  conversation. 

Q.  You  said  in  general,  duplex  or  quadruplox  ? 

A.  I  claimed  duplex  and  its  possibilities. 

Q-  Did  Mr.  Reiff  or  Air.  Harrington  on  any  occasion  claim 
to  you  that  they  owned  tho  duplex  inventions? 

A.  Never. 

Q.  Did  they  oyor  claim  to  you  that  tlioy  owned  any  in¬ 
ventions  other  than  those  patents  which  woro  in  use  bv 

039  “10  Automatic  Co.  ?  J 

(Objected  to  ns  loading.) 

The  Court:  The  question  is  asked  not  ns  a  moro  con- 
ST  bUt  °"  th°  qUCSti°n  0t  1,0tic°-  1,1  t,mt  view  I  will 

J-  Tf. 1  ?Bnv“  tho  question  as  it  stands,  I  must  answer  it 
affirmatively.  Air.  Reiff  did  claim,  some  time  in  the  Jear 


Q.  When  did  ho  first  make  that  claim  to  you?  „ 

A.  I  do  not  remeriiber,  but  I  should  say  somo  time  in  tho  H 
year  1876. 

Q.  Well,  did  lie  mnko  such  a  claim  at  this  interview  that 
wo  arc  speaking  of. 

A.  No  sir. 

Q.  I  call  your  attention  further  to  tho  testimony  of  Afr. 
Reiff  at  folio  1,490.  I  will  read  the  wholo  answer,  and  then 
will  ask  your  attention  to  a  part  of  it:  11 Q.  What  elso  was 
said? 

A.  Arr.  Orton  stated  to  me  that  ho  desired  to  havo  all  tho  fil1 
information  I  could  givo  him  about  tho  relation  of  theso 
parties,  and  tho  control  of  theso  things,  so  that  if  anything 
could  bo  done,  ho  wanted  to  know  whom  ho  had  to  talk 
with,  instead  of  talking  with  a  lot  of  directors  cn  masse,  or 
a  lot  of  stockholders.  Ho  said  tho  only  things  ho  valued  in 
connection  with  tho  wholo  matter  wore  Afr.  Edison’s  inven¬ 
tions;  ho  did  not  care  about  Mr.  Littlo’s  or  anything  tho 
Automatic  Telegraph  Co.  had ;  that  Afr.  Edison  was  a  very 
ingenious  man,  but  very  errntio ;  ho  would  like  to  havo  him 
entirely  in  tho  interest  of  tho  Western  Union-Tolcgraph  Co. 
and  would  liko  to  havo  matters  so  arranged  that  ho  could  °  “ 
put  him  under  charge  of  Ah.  Prescott,  and  ho  desired  to 
know  of  mo  what  would  induco  mo  to  havo  Ah.  Harrington 
and  myself  secure,  to  a  satisfactory  party,  all  Afr.  Edison’s 
inventions."  Did  you  say  to  Ah.  Reiff  that  you  desired  to 
hear  all  tho  information  ho  could  givo  you  about  tho  rela¬ 
tions  of  these  parties? 

A.  Very  likely  I  did. 

Q.  Did  you  say  that  you  desired  this  so  that  if  anything 
could  bo  done  you  would  know  whom  to  talk  with  instead 
of  talking  with  a  lot  of  directors  cn  masse  or  a  lot  of  stock¬ 
holders? 

A.  I  do  not  think  I  snid  that  in  that  way.  It  would 
havo  been  a  part  of  the  opening  conversation  that,  having 
been  approached  indirectly  by  parties  to  sell  to  us  tho  con¬ 
trol  of  tho  automatic — that  instead  of  dealing  in  thnt  way 
I  preferred  to  deal  directly  with  a  responsible  and  interested 
party. 

Q-  Did  you  say  that  tho  only  things  you  valued  in  eon- 


H  neotion  with  the  whole  ranttor  wero  Mr.  Edison’s  invnn  ! 
H  tions?  | 

A.  Not  in  that  connection,  mid  not  in  tlioso  terms. 

Q.  In  what  term.,  mid  in  wlmt  connection  did  you  snv  t 
anything  liko  that?  J  J 

A.  After  receiving  Mr.  EcifTs  explanation  ns  to  the  way 
in  which  these  several  interests  wore  held,  mid  pressing  f„r  I 
a  price,  I  was  asked  the  question  whether  I  desired  a  price  ! 
to  cover  the  whole,  including  the  National  Telegraph  Co's 
...  h"c,  the  Xuttlc  patents  and  the  Edison  patents.  I  said  "No 
615  I  do  not  want  the  National  Telegraph  lino;’’  I  did  not 
attach  any  value  to  it,  nor  did  I  attach  any  special  value  or  I 
importance  to  the  Little  patents;  «  Givo  me  a  price  for  tbo 
Edison  patents  alone. 11 

Q.  Did  you  say  that  you  would  liko  to  hnvo  Mr  Edison 
Company'?  **  iUl°r<!St  °f  th°  WoStoru  U,,io»  Telegraph 
A.  I  did  not. 

Q.  Did  you  say  that  you  dosired  to  know  of  Mr.  KicIF 
C40  2f  ™  '  ,.hfm  to  lmV°  MnHnrH,leton  im«l  him. 

4  vontions?  satisfactory  party  all  of  Mr.  Edison’s  in- 

alrtl!!din0t,  (0^°Ptm'th  lb0  0XPlanation  that  I  have 
already  made  as  to  the  automatic. 

Q.  Did  you  say  that  you  would  like  to  hnvo  matters  so 

MnScoU vy°U  C°Uld  PUt  Mn  EdiS°n  UI,dor  0,lnl'S° 

.J'J.  d1°,n0t  rf,mo"lbor  suo1'  statement.  Mr.  Edison 
j  and  Mr.  1  icsseott  were  working  together  at  that  particular 

047  Q.  Had  boon  for  how  long? 

A.  For  several  mouths.  I  should  say  some  months. 

n  int8etlrr,ofr  “*  “■  g°°d  *“  ^ 

(Foil  lSa.)  °,,ab,P 'm'  10  a  factory  party?" 

A.  My  impression  is  that  the  first  thing  that  was  said  on 


the  occasion  of  the  second  intoryiow  was,  “  Lot  us  got  to  ( 
business.”  ‘ 

Q.  As  to  tho  romaindor— you  may  run  your  oyo  over  it 
(Handing  printed  copy  of  testimony  to  witness.) 

A.  I  desiro  to  repeat,  in  answer  to  this  question,  tho 
answer  that  I  hnvo  previously  made-that  tho  only  inquiries 
put  by  mo  touching  Mr.  Edison’s  patents  related  to  tho  pat¬ 
ents  that  Mr.  Hcilf  had  informed  mo  wore  held  by  Mr,  Har¬ 
rington,  relating  to  Automatic  tolegraphy. 

I  9'  Did  •you  learn  from  iIr-  Hoiff  whether  tho  patents 
which  you  hnvo  referred  to  in  your  last  answer  wero  in  uso  a 
at  that  tiino  any  whore,  by  anybody  ? 

A.  I  cannot  reenll  what  Mr.  Hoiff  said  on  that  subject, 
hut  I  doi  ve  1  tl  o  |  reso  o  from  that  conversation _ 


Jfr.  Lowrey :  I  submit  that  is  tho  same  thing  ns  saying  a 
that  ho  substantially  said  tbnt.  . .  * 


Q.  What  did  ho  say  substantially  on  that  subject,  if  any- 
tlnng  ? 

A.  Tho  answer  I  hnvo  just  given  is  what  I  have - 

The  Court:  Don’t  givo  your  implication  from  what  ho 


The  Witness:  I  cannot  recall  tho  language,  your  Honor, 
ifr.  Dickerson :  Ho  has  nnswored  what  was  tho  substanco. 

A.  During  this  conversation  Mr.  Kcift'  said  in  substanco 
lmt  they  wero  using  certain  of  theso  inventions  of  Mr.  Edi¬ 
son  s,  and  it  is  also  my  best  recollection  that  ho  considered 
kern  superior  to  tho  patouts  of  Mr.  Little; 


165 


652  The  Court:  It  is  perfectly  plain  how  tho  witness  stands 
with  rofcrcnco  to  tho  matter ;  that  ho  understood  that  the 
wholo  subject  matter  of  the  conversation  was  Automatic  and 
nothing  else,  whatever  Mr.  llciff  may  have  understood  in 
regard  to  it,  and  I  do  not  supposo  that  all  tho  questioning 
in  tho  world  will  elicit  anything  different  from  that. 

The  Witness :  That  is  my  understanding,  your  Honor. 

Q.  I  road  to  you  from  folio  1,610  of  tho  evidence  of  Mr 

653  Eciff,  page  486 :  "  Q.  Did  anything  occur  at  that  interview 
"  ,t0  lond  5'0U  to  supposo  that  Mr.  Orton  might  bo  endeavor- 
“  ing  to  scouro  Mr.  Edison's  patents  and  inventions  by  nu- 
“tomntic  telegraphy?  A  I  recollect  that  Mr.  Orton  jj 
"  mado  n  vory  distinct  impression  upon  my  mind,  that  tho  I 
“  mnin  obJcct  °f  ,lis  interview  was  to  see  whether  he  could  I 
“get  control  or  how  ho  could  get  control  of  tho  brains  of  Mr.  | 
“Edison.”  I  ask  you  whethor,  at  that  time,  you  had  boon  I 
informed  by  anyone  that  Mr.  Hoiff  or  Mr.  Harrington  had  I 
any  control  over  tho  operations  of  tho  brains  of  Mr.  Edison  ?  | 


The  Courts  I  will  lot  him  ai 


By  the  Court: 

,r^'1?Ir'vouIJ  lik°  t0  nsk  you  this  question :  State  wbotlicr 
(j55  Mr.  Edison  „na  then  experimenting  with  Mr.  Prescott,  in 
”°“0'  “”w“"n  u"'" 

,JIr-  :  How  long  ?  That  was  June,  1874,  wasn’t  j 

TCB’  tUat  U°  lws  already  s»id,  that  ho  had 

boon  for  several  months.  I 


they  bc"an  SUDae1,I0I>t  to  May  19th,  1874,  that  656 

The  Witness:  I  would  like  to  add  a  single  remark,  finish¬ 
ing  up  tins  department  of  tho  subject,  if  your  Honor  please 
— tlmt  nothing  said  on  that  occasion  or  any  other  prior 
thorcto,  had  convoyed  to  my  mind  any  impression ’that  it 
was  necessary  for  mo  to  deal  with  anybody  but  Mr.  Edison 
himself,  in  respect  to  anything  that  ho  might  undertake. 

Q.  I  call  your  attention  to  tho  testimony  upon  pago  1,487  a.-.v 
The  question  was:  “Q.  Did  not  the  conversation  isolate 
wholly  to  automatic  telegraphy  ?  A.  Ho,  sir.” 

By  the  Court: 

Q.  I  understand  you,  that  you  said  Mr.  Orton  stated  that 
ho  wanted  to  secure  tho  brains  of  Mr.  Edison  ? 

A.  I  did  not  say  that  ho  snid  that;  I  said  that  was  tho 
distinct  impression  he  left  upon  my  mind  ;  I  do  not  mean 
to  say  that  Mr.  Orton  said  that  in  so  many  words,  except  in 
tins  way  that  ho  said  that  Mr.  Edison  was  a  very  ingenious  658 
mini,  and  probably  added  other  adjectives,  but  that  he  was 
very  orratio,  or  words  to  that  effect,  and  that  ho  desired  to 
secure  or  would  like  to  have  Mr.  Edison's  entire  interests 
with  tho  Western  Union  Company,  nnd  that  ho  desired  to 
secure  Ids  services  and  plnco  him  under  tho  eliargo  of  Mr. 
Prescott,  who  would  tako  caro  of  him. 

By  the  Court: 

Q.  And  ho  wished  to  know  what  prior  claims  thoro  woro 
to  thoso  inventions  or  services? 

A.  “Ho  did  not  put  mo  that  question  ns  I  romombor.”  ^ 

Q.  State  whether  at  that  time  you  had  been  informed  by 
anybody  that  thoro  were  any  prior  claims  to  any  inventions 
of  Mr.  Edison,  except  thoso  you  liavo  spoken  of  ns  in  use 
by  tlie  Automatic  Company,  or  to  his  services  in  any  way  ? 

A.  The  Gold  and  Stock  Telegraph  Company.  With 
thoso  exceptions  I  hnd  not. 

Q-  Aud  Mr.  Edison  was  at  that  moment  ongnged  in  your 


167 


oou  unnx,  mm  ns  wont  on  tno  duplox,  ns  you  understood,  for 
the  Western  Union  Telegraph  Company  ? 

A.  Uo  was,  on  that  day ;  at  that  vory  time. 

Q.  And  had  been  since  February,  1873  V 
A.  lie  had  been  since  February,  1873,  less  the  interrup-  I 
tions  and  lapses  that  lmvo  been  previously  referred  to.  ' 
ihcre  was  a  great  deal  of  the  year  1873,  during  which  ho 
was  not  there,  and  during  a  part  of  that  timo  his  exrcr 
ments  was  carried  on  in  his  shop  in  Newark,  I  think.  ' 

Q.  1  repeat  to  you  a  part  of  tho  nnswor  of  Mr  lieiff 
Ofll  which  is  as  follows:  "That  ho  desired  "  (that  means  yon) 

to  “’fr  w  lik?T‘°  bavo  Ma  Edison’s  om‘ro  in¬ 
terest  with  tho  Western  Union,  and  that  lie  desired  to  se¬ 
cure  his  services  and  place  him  under  tho  charge  of  Mr 
Prescott,  who  would  take  enro  of  him.”  Did  you  ex¬ 
press  the  desire,  or  nny  suoli  desire  ns  thero  stated  ? 

.Imnf.i  7-"°,  ro“Ilooti<m  of  living  expressed  nny  do- 
siro  of  tho  kind  1  hero  certainly  was  no  occasion  for  mo 
to  have  such  a  desire. 

882  The  Court  .-Just  state  tho  faot. 

it  m  BtUkr:  D°"’t  "rSU0,  PerImPa  !t  may  turn  out  that 

The  Witness:  Thero  may  have  been ;  I  did  not  know  it, 

Q.  You  now  know,  I  beliovo,  that  thero  are  said  to  be  on 
daterl  ln1"n  l0,  'UO1'LlOm°C  two  instruments  in  writing,  one 
first  sitrnedlwr’  187°W‘ ^  ‘b°  °tbor  APriI  4th>  1871— tho 
am  seoot  Sn  Bo°rg°  Hamngton  and  Mr.  Edison,  and  tl.o 
663  «l  gn  d  by  Mr.  Edison.  I  will  show  you  the  two  ex- 
in,Vtta°l,0d  10  tho  oomPlaint  in  this  ease, 
and  Vn,  ,  ni?n  13  calIod  10  plaintiff’s  Exhibits  A 

A.  I  know  they  are  said  to  bo ;  yes  sir 

pn^r^ud\fwhat°mnmior^?nrn  °f  th°  cxistono°  of  thcso 

A‘  Ithink  °°pieSof  them  "ore  obtained  in  eonneetion 


with  proceedings  that  were  instituted  by  tho  Western  Union  n 
Company  in  tho  State  of  Now  Jersey  after  tho  brenkimrout 
of  what  Mr.  Sorrell  called  the  "title  fight,” some  Uma  in 
January,  1875. 

Q.  They  were  sliown  to  you  by  tho  attorneys  of  tho  com¬ 
pany  ns  having  been  obtained  from  tho  records  ? 

A.  Yes,  sir;  I  think  they  were  shown  tome  by  yourself 
Q.  l'lint  was  your  first  information  as  to  them  or  their 
contents,  do  you  say  ?  *  “ 

A.  Certainly  my  first  information  ns  to  their  contents  ; 

I  do  not  recall  that  I  tiad  any  knowledge  even  or  their  Gf 
existcnoo  before  that  time.  01 

Q.  When  did  you  first  learn  that  Mr.  George  Harrington 
or  any  person  claiming  under  him,  elaiinod  or  had  over 
inventions'?"  int°r°St  ^  Edis0"’s  duPlex  or  q'mdruplex 

,  A  imPros3io"  tlmt  it  was  in  tho  month  of  January 
18'°,  "dor  information  had  boon  obtained  by  and  throudi 
yourself  and  othow  concerning  negotiations  that  Mr.  Edison 
hmU.adw.tb  Mr.  Jay  Gould  about  tho  first  of  January, 

S|,,0k“.°f  *  Suit  in  *°™y-  I  suppose  thero  ** 
suit  is?  y°  my  Stntl"g  in  tllotlUCBtio11  wlmt  that 


Q-  Ihe  Western  Union  Company  began  a  suit  in  Now 
Jn '2!  i  C<nlrt.of,?lm"C(!ry.  iii  January,  1875,  against 
tio^  Ind  .  r<f  - 'lm  f'r°m  Pnrling  with  those  invon- 
whicli  thov  all  0k  ?  n,  8Pe0lCo  Pcrformnuee  of  the  eontraot 
winci,  they  alleged  they  had  had  with  him,  did  they  not?  fl67 

refer  ?^‘,°  bi“  °qUity-  rl'bnt  is  thosuitto  »hlcl.  you 
A.  That  is  tho  ono  I  refer  to. 

deMing^whh  x'r.  w°r  ^  l0nn'  tbnt  a"y  Porso"  lmd  been 
tions  nr  „  ■  . '  EdlSOn  for  1,10  Purchase  of  these  invon- 

volve Id  th  s su  t ? *  '  U  °  “ 1U1  l0V~tl  0  H  i" 


f8  A'  *  tl’lnk  1  reccivcJ  wlmt  I  might  call  a  hint  of  it  on  ’ 

the  lllh  day  of  January,  1875  ;  I  fix  that  day  because  it  ' 
"■as  Monday,  and  it  was  the  first  day  that  I  returned  to  my  ? 
oJIico  from  a  tnp  made  to  Chicago.  3  | 

Q.  You  know  Geu.  Thomas  T.  Eckert  ?  j 

P3nHMM  at  P,rTU  tllC  Pres,donl  of  ‘be  Atlantic  and  ! 
Paeifio  lelegmph  Company,  tho  plaintiff,  is  ho  not  ?  i 
A.  1  know  him,  and  I  understand  that  ho  is  tho  l’resi- 
dent  of  that  company.  1 

i69  Q.  What  was  his  office  in  tho  Western  Union  Telegraph 
Company  before  ho  became  tho  President  of  tho  plaintiff?  ' 
siou  H  GBni!r“  SuPOTintoudcnt  »f  tho  Eastern  Divi-  jj 

wW  f 8  GC',en  Sul>°™tondcnt  of  ‘bo  Eastern  Division, 
what,  m  generhl,  were  his  duties  and  powers  7  I 

ofd.e  n„r8miCl,mrg°  f  the  "’aintonaneo  and  operation 
of  the  lines,  including  tho  principal  mnnagomo.it  of  tho 

eoSetio  T  'V,itllin  jurisdiction,  and  also  of  tho 
construction  of  such  now  lines  as  from  timo  to  time  might 
670  bo  ordered  within  that  territory. 

By  the  Court  ; 

Q.  By  “  within  that  jurisdiction,”  I  suppose  you  mean 
I  within  tho  limits  of  tho  Eastern  Division  7  ^ 

A.  Yes,  sir ;  within  that  territory. 

Q.  'What  States  did  that  comprise  ? 

T  i?°  b,°,U“dnr,ic8  of  th°  Eastern  Division  at  that  time, 

W,2r,  1°  T  03  f°ll0'VS :  Startine  the  City  of 

Washington,  taking  tho  eastern  shoro  of  Maryland  all  of 

W1  WheeH  TP”  t,1‘°  BaUim0r°  nnd  °hi0 

^  ;,ld  Earkersburg,  an  arbitrary  line  drawn 

then  the  qS „  °LFenylvani".  through  Altoona,  I  think; 
lines  Jn  tho  V  w°'i  °aSt  °f  BuflhIo>  includinS  the 

(  a  Chv  of  a  n  "!1!?  and  Central  Bailway  to  Buffalo 
S  tl  "  all  J  ”' 1  tldUkl  Was  iD  tba  Central  Division) ; 

Sits,  "  ■»> *»■* 

i‘w '!  »  wj  a*i  oi»c  in  n»  ■ 

service  of  the  Western  Union  Company  7 


I  A.  His  resignation  was  handed  in  on  tho  lltli  day  of  672 
t  January,  and  was  nccopted  within  a  day  or  two  thereafter. 

j  (It  is  admitted  that  Gon.  Thomas  T.  Eckert  was  elected 
tho  President  of  the  plaintiff’  on  the  14th  of  January, 
1675.) 


Q.  I  dcsiro  to  ask  you  if  you  have  known  of  a  publica- 
calion  called  tho  Journal  of  the  Telegraph  ? 

A.  I  have  hoard  of  tho  Journal  of  the  Telegraph,  and  ( 
another  called  tho  Telegraph  Art. 

Q.  What  connection  has  tho  Journal  of  the  Telegraph  with 
tho  Western  Union? 

A.  It  is  published  at  tho  office  of  tho  Westorn  Union 
Telegraph,  and  its  expenses,  in  so  far  as  they  oxcccd  its  re¬ 
ceipts,  nro  homo  by  the  Westorn  Union  Telegraph  Compnny. 

Q,  Who  has  boon,  for  a  series  of  years  prior  to  January 
1st,  1876,  its  editor? 

A.  I  can  givo  you  the  names  of  tho  persons  who  liavo 
been  its  oditors  down  to  tho  present  timo;  but,  without  re-  q 
ferring  to  tho  paper,  I  do  not  remember  when  tho  term  of 
one  commenced  nnd  another  terminated.' 

Q.  That  will  do,  sir. 

A.  Tho  first  editor  was  Mr.  James  D.  Heed. 

Q.  What  commotion  had  ho  with  tho  Tologrnph  Com¬ 
pany — the  Westorn  Union? 

A.  Ho  was  an  omployd. 

Q.  In  what  department? 

A.  He  had  olinrgo  of  tho  Journal  of  the  Telegraph  during 
tho  timo  that  his  name  appears  as  its  editor.  6' 

Q.  Had  tho  oharge  of  tho  Western  Union  Telegraph; 
how? 

A.  Had  charge  of  tho  Journal  of  the  Telegraph. 

Q.  I  know,  nnd  what  else  had  ho  oharge  of  beside? 

A.  I  do  not  think  that  he  had  anything  else  at  that  timo ; 
it  was  a  pretty  good  occupation  for  one  man. 

Q.  Employed  and  paid  by  tho  company  ? 

A.  Yes,  sir. 


170 


i  Q.  Who  next? 

A.  Mr.  Frederick  J.  Grace. 

4, frt 

4  Si  “ *-»■  "f  <*•  *— i 

4  -Xr”  “  0<“”  *“«i  "M  l»  g"  i«. 

677  n '  di°d’  sir;  1,0  dietl  la3t  Fall. 

“ ym  “i"”' »« » 

A,  Yes,  sir. 

Q.  Who  next  was  editor? 

A.  Mr.  Ashley— James  N.  Ashley 
wiriT  °tb0r  00"n00ti°"- tImn  03  edilor.  with  the 

wlmicS  “rtirSs'^0  n  •  UmS  'rd  -V  connection 
678  Mr.  Heed  and  Mr.  g2E  bo^La  ,C°mW 

company  in  other  caSSe^^X~‘°d  •V,t\,L° 
that  particular  duty  ^  "°ro  aS3l8ned  to 

Q.  Havo*  tbT’I,?0  "0t  rcmcmbor  that  ho  llas  had. 

.^3=^ASS 

Q-  You  among  tho  number? 

A.  Yes,  sir. 

A.  5Sram°nS  tb°  numbor7 
Q.  Frequently? 

PrL^1'  1,8  Iam  concerned 
1  reseott  more  frequently. 

Q-  In  1878,  stato  whether  you 
show— or  tlicro  w  ‘  -  J 


ot  frequently;  Mr. 

",rol°  “rticles  tending  to 
“holes,  in  the  first  place,  in  that  jour. 


A.  My  memory  as  to  the  contents  of  tho  paper  so  far 
back,  General,  is  not  good  enough  to  enable  mo  to  -avo  an 
intelligent  answer  to  that  question ;  I  think  the  paper  itself 
would  be  the  best  evidence. 

Q.  Did  you  yourself  adopt  one  of  those  articles  in  your 
report  to  your  directors  that  year? 

A.  I  do  not  remember. 

Vie  Churl  ;  ^ 

Produco  the  paper.  Ho  is  entitled  to  havo  it  before 
him. 

Mr.  Butler: 

Yes,  sir,  lie  is  entitled  to  that. 

(Paper  produced  and  shown  witness.) 

Q.  That  is  your  report,  is  it  not,  for  that  year  ?  6g, 

A.  This  is  tho  report  for  tho  fiscal  year  of  1872-3. 

Q.  Fading  at  what  time? 

A.  The  80th  of  Juno,  1878. 

Q.  And  for  whatever  thcro  is  in  this  roport  you  are  re¬ 
sponsible  ? 

A.  I  do  not  know  whether  that  is  a  question  of  faot  or  of 
law. 

Q.  No,  sir;  but  responsible  is  a  mattor  of  faot,  ns  you 
adopted  it  and  put  it  forward. 

A.  I  certainly  authorized  the  publication  of  that  pam-  Cgc 
pblct. 

(Marked  for  identification  “  Z  4.”) 

Q.  On  the  Cth  of  September,  did  you  writo  a  letter  to  tho 
Postmaster-General,  Mr.  Crcswcll,  upon  telegraphic  mat¬ 
ters? 

A.  I  guess  not 

Q.  Of  December,  did  I  say  September? 


172 

084  A.  I  remember  having  written  tho  Postmaster-General.  I 
Q.  Ami  you  published  subsequently? 

A.  Yes,  air,  that  is  tho  paper, 

Q.  And  this  was  published  by  tho  Western  Union? 

A.  It  was. 

Q.  And  tho  samo  question  in  regard  to  that,  whothcr  you 
aro  responsible  as  mattor  of  fact  for  this  ?  I 

A.  I  believe  I  wrote  tho  wholo  of  that,  Gonoral. 

085  mtSC''SOn:  EXC°PtinS  ^^onda,  I  suppose,  or  tho 

or  nppoiidix  '''°  qU°Stion :  didn,t  yoii  "rrito  tho  addenda 

A.  I  think  I  did,  sir ;  I  believe  I  did.  There  is  some- 

trne^  fi  l0'°  -1.  d'd  not  "’rito>  booauso  contains  ex- 

tracts  from  authorities. 

“n.7»  tbnt  wLioh  purports  to  bo  text  you  wrote 
and  t hat  wlueh  purports  to  be  extracts,  on  which  the  text 
commonts,  you  did  not  write? 

080  A.  Yes,  sir. 

(Paper  last  referred  to  is  marked  for  identification  »  Z0.'1) 

cnivlryrrby,lhis  «*W#*»«l»d  -appendix  D,’’ 
compete  with  Sf^i.^etoyr'11'0  °°Uld  “°‘ 

0  ramombcr  what  is  in  the  pamphlet  now. 

tapSiSTiK,'  ““  “ 

,m  ..iS2,;'‘,,,in.k  <i»  b  i.tai 

at  all  it  should  be  read  'VUUeSS’  a“d  U  “  iS  ‘°  b°  UScd 

witness  nndVhn.  “T-  "°T  attomPting  to  got  tho  mind  of  tho 
SSSte  b«  -mory.  I 


do  not  ask  him  wlmt  ho  wrote  _ 
what  tho  purport  of  what  ho  wrote  w 

MLmrey:  That  is  immaterial 


at  time,  I  am  asking 


The  Court:  Tho  pnper  itself  does  not  nocossnrily  show  fl 
they.  c.  d. 


The  Court :  It  may  bo  immaterial,  and  still  on  cross-ex¬ 
amination  it  may  be  pormissablo  to  inquire  in  respect  to  it 
Ho  may  ask  was  that  thopurposo  which  ho  had  in  view  in 
writing  it? 

(Witness  looks  at  tho  pamphlet  referred  to.) 

The  IPiVness .-  It  seems  to  me  that  tho  purposo  of  this 
paper  is  summed  up  in  this  soutcnco. 

Mr.  Butler :  I  hnvo  not  asked  you  that.  Will  you  an¬ 
swer  my  question  ? 

The  Court :  I  think  that  is  a  proper  answer. 

The  Witness :  Tho  real  question,  then,  in  this  case  is, 

“  Wlmt  docs  tho  automatio  process  involve  in  order  to  q 
onnblo  it  to  delivor  the  President’s  messngo  complete  in  Now 
York  within  sixty  minutes  of  its  receipt  at  Washington 
and  this  was  the  discussion  of  the  transmission  of _ 

The  Court:  That  was  tho  purpose  thnt  ho  had  in  view. 

Q.  I  will  ask  you  the  question  again.  Wasn't  your  pur¬ 
pose  in  putting  forward  this  to  show  that  automatic  could 
not  compote  with  the  Homo  systom  in  eolority  ? 

A.  It  certainly  was  to  show  thnt  it  was  not  a  dnngorous  g! 
competitor  of  tho  Morso  syBtom. 

Q.  When  I  desire  to  bo  informed  of  its  danger  I  will  ask 
you.  I  must  repeat  tho  question  and  ask  for  an  answer — a 
plnin  question  to  a  plain  man.  Was  not  the  purpose  to 
show  that  the  automatio  systom  would  not  or  could  not  com¬ 
pete  in  celerity  with  the  Morso  system? 

2/ie  Illness;  Now,  if  your  Honor  please,  thnt  question 
cannot  bo  answered  by  yes  or  no. 


174 


176 


Mr.  Butter:  I  ask  you  to  answer  the  fact. 


Mr.  Butter:  I  have  used  three  terms,  "automatic," 
11  Morse  ”  and  “celerity.” 

693  Mr.  Lowretj :  And  “  compete.” 

Mr.  Dickerson :  «  Compoto  "  is  the  diflicult  torm." 

Q-  "  Compete."  I  am  instructed  furthor.  Do  you  un- 
•  Jfcrstand  tho  meaning  of  "compete?” 
il-A-  Yes,  that  is  my  business. 

II Q-  Do  you  understand  tlio  meaning  of  “  celerity  ?" 

||A-  Without  any  connection  with  “compoto,”  is  tho 
|®int  to  wiiioh  my  explanation  was  addressed. 

S||Q-  y°ry  "'o11-  Then  I  understand  it.  Wlieti  I  put  tho 
if  n  ifl  S°  ^  WIint  t0  'Jr‘ngm'y  mind  nnd  l'ours  'n  conjunc- 
lfj|A.  That  is  what  I  desire. 

Do  you  understand  to  "compoto  in  celerity”  to  mean 
profli”biy  ns  fns*-  d°  y°u  understnnd 

Q.  Very  well.  Now  then,  substituting  for  this  question, 
nos  »  S01’d,ng  messnSea  economically  and  profit- 
896  ably  as  fast,  was  not  your  object  in  writing  and  publishing 
h.s  pa  or  to  show  that  the  Memo  system  in  that  regard 
was  better  than  tho  Automatic? 

A.  Yes,  sir. 

8°i°d'  Av '  lhis  lettor  ",ns  "'ritten  December 
«th  1873,  and  immediately  published,  was  it  not? 

A.  I  think  so. 

Q-  And  laid  before  Congress? 

Congress08'  Sir’  WaS  ^  beforo  public ;  that  includes 


Q.  And  on  raembors'  desks  ?  6 

A.  I  do  not  romember  that. 

Q.  Did  you  ever  see  Mr.  Murray  in  your  life,  to  speak 
with  him,  until  after  this  suit  was  commenced  ? 

A.  I  think  not,  sir. 

Q.  Did  ho  communicnto  with  you  except  on  ono  occasion 
in  writing? 

A.  I  do  not  even  remember  that  lie  did  that  directly. 

Q.  Did  lie  not  write  you  a  lotter  in  the  winter  of  1874, 
just  before  your  leaving  for  Chicago  ? 

A.  I  do  not  remember  tho  fact.  8! 

Q.  You  do  not  retnombor  that  you  over  received  it? 
a  A.  I  do  not ;  no,  sir;  my  nltcntiou  not  being  called  to  it, 

I  I  have  not  put  it  upon  tho  files. 

Q.  Will  you  look  and  seo  if  you  can  find  it  in  your 
files? 

A.  If  you  will  bo  kind  enough  to  have  a  memorandum 
given  mo  wlion  I  lenvo  tho  stand  I  will  endeavor  to  do  so. 

Q.  Did  Mr.  Murray  evor  communicnto  to  you  except  in 
ono  letter  through  Mr.  Miller? 

A.  I  think  he  has  communicated  with  mo  through  Mr.  Of 
Miller. 

Q.  I  menn  in  writing  j  I  do  not  care  what  Mr.  Miller  said 
that  he  said  ? 

A.  I  do  not  remember  that  I  evor  received  a  lettor  from 
Mr.  Murray  through  nnybody. 

Q.  Did  not  Mr.  Miller  show  you  ono  letter  just  beforo 
you  left  for  Chicago  from  Mr.  Murray  ? 

A.  Ido  not  remember;  ho  may  linvo  done  so. 

Q.  Do  you  remember  ever  seeing  any  other  to  whioli 
Mr,  Murray’s  signature  was  put  ?  69 

A.  I  do  not  romember. 

Q.  Now,  Mr.  Miller,  for  a  moment;  who  was  lie?  What 
was  his  business  ? 

A.  Prior  to  some  timoin  1876  Mr.  Miller  had  beon,  for 
two  or  three  years,  tho  Secretary  and  Treasurer  of  tho  Gold 
and  Stock  Telegraph  Company. 

Q.  Beforo  that  had  you  and  ho  any  business  relations  ? 

A.  Mr.  Miller  and  I  were,  years  ago,  partners  in  tho  book 


176 


177 


at  Auburn  and  Genova,  and  in  tbo  city  of  Net 


700  business,  ; 

York. 

Q.  And  did  that  partnership  continue  down  to  the  tin 
that  he  took  the  Gold  and  Stock  ? 

A.  No,  sir, 

Q.  Stale  whether  the  -Western  Union  controlled  the  Gol 
and  Stock  Telegraph  Co.  in  tho  year  1873  ? 

A.  Do  you  ask  did  it  control  it  7 
Q.  Yes,  sir. 

A.  The  Western  Union  never  owned  n  majority  of  tl 

701  Gold  nn(1  Stock  Telegraph  Company. 

Q.  That  was  a  question  I  did  not  ask,  sir ;  did  the  We: 

v  ,ll  T10nC°n  ’  tlir°Ugh  i,S0lf-  nnd  trough  means  t 
winch  I  can  call  your  atten lion,  if  necessary  ? 

A  The  officials  of  the  Western  Union  were  made  b 

“C”  :'xoow  s“-'1"  *“■  •'  * 

Q-  State  whether  the  stockholders,  the  officers,  and  tin 

A.  I  do  not  desire  to  be  technical,  General,  but  I  do  nol 
understand  what  you  mean  by  the  word  “control.-  Wc 
had  no  power  to  secure  tho  control,  as  we  did  not  own  n 
majority  of  the  stock ;  I  do  not  remember  that  there  was 
“m0ns  thu  sto°kholders  as  to  who  should 
bo  elected  to  any  position  in  it. 

tl,nQGnYlhy,,IOmTni?0ti0anj’'  ,,ow»  “R  Orton  i  did  not 
eontro°— J  Stook  Tcle8™pl>  run  under  the  substantial 
708  A-  Practically  it  did  j  yes,  sir. 

Q.  And  this  Mr.  Miller  was  tho  secretary  of  that  com¬ 
pany  and  treasurer  7 
A.  Up  to  some  time  in  1878. 

Q.  What  time  in  1878  did  ho  cease  7 
A.  I  do  not  remember. 

Q.  Did  ho  until  1874? 

A.  It  was  before  1874,  in  tho  fall  of  1878. 
to?,.1 7  f“1]’  do  y°u  mcnn  before  tbo  1st  of  January? 

Didn’t  Ins  time  oxpiro  then? 

A.  No,  sir;  I  should  say  that  bo  left  that  position  in 


September  or  October,  but  that  is  a  mere  impression.  It  is  ?04 
I  a  mnttor  that  can  bo  easily  ascertained. 

Q.  Wo  want  to  get  your  best  knowledge  about  it.  Now 
will  you  tell  mo  in  order  to  fix  somo  dates,  ns  well  as  you 
can,  what  time  you  ever  first  talked  with  Mr.  Edison  upon 
the  subject  of  telegraphic  inventions  7 

A.  I  am  not  now  able  to  fix  the  date  when  I  first  talked 
with  Mr.  Edison.  Wo  talked  upon  tho  subject  of  tele- 
giaphie  inventions  on  almost  every  occasion  when  wo  met. 

Q.  That  may  be.  That  is  not  tbo  question  I  asked. 
When  is  the  first  time  that  you  can  tell  me  that  you  ever  705 
talked  with  Mr.  Edison  on  that  subject  7 

A.  You  mean  of  telegraphic  inventions  generally? 

Q.  Yes,  sir;  anything  about  his  making  telegraphic  in¬ 
ventions? 

A  I  should  say  probably  ns  early  ns  1870,  but  whether 
it  was  1869  or  1871 1  have  no  fixed  impression, 

Q.  Well,  that  is  sufficient  for  my  purpose.  Tlion  ns  far 
back  as  1809  or  1870,  ns  tho  case  may  bo,  you  nnd  ho  wero 
talking  upon  theso  subjects ;  bow  frequently  do  you  think 
down  through  1871  and  1872  7  708 

A.  Well,  not  very  frequently.  Theso  interviews  wero 
casual  ones  at  tho  office  of  tho  Gold  nnd  Stock  Company, 
which  at  that  time  was,  I  think,  at  01  Broadway. 

Q.  And  you  knew  that  he  bad  invented  a  very  ingenious 
system  there,  didn't  you? 

A.  Do  you  mean  in  connection  with  the  Gold  and  Stock  7 

Q.  Yes. 

A.  I  knew  that  bo  was  making  inventions  for  tho  Gold 
and  Stock  Company,  nnd  that  they  wero  being  put  to  use. 

Q,  And  that  they  were  ingenious,  nnd  you  ncknowl-  707 
edged  inventivo  power  7 

A.  Certainly. 

Q.  Did  you  say  anything  to  him  in  the  years  1871-1872, 
about  going  to  work  for  tho  Western  Union? 

A.  I  liavo  no  recollection.  Ho  was  working  at  that  time 
for  the  Gold  and  Stock  Company. 

Q-  Did  you  not  know  at  that  time  that  lie  was  working 
over  in  Newark  for  somebody  else,  too,  or  for  himself? 

A.  I  do  not  think  I  knew  anything  about  it. 


178 


179 


708  Q.  Didn’t  you  believe  or  lmvo  information  to  tlint  effect? 
A.  I  lmd  tho  general  impression  that  Mr.  Edison  was 
running  n  shop— if  that  is  a  proper  phrase — and  that  lio 
was  doing  work  for  customers  who  called  upon  him  for  it. 

Q.  Didn’t  you  have  also  a  general  impression  that  ho  was 
running  a  shop,  making  inventions  ? 

A.  I  certainly  know  that  ho  was  making  inventions. 

Q.  Well,  I  do  not  mean  now  to  confine  myself  to  Gold 
and  Stock.  Pass  these.  Other  than  Gold  aud  Stock  in¬ 
ventions? 

709  A.  Dow  much  I  do  not  know  on  any  particular  occasion 

—is  a  much  larger  sum  than  how  much  I  do ;  and  I  cannot 
recall  how  much  I  had,  as  far  hack  as  that,  concerning  Mr. 
Edison’s - 

Q.  Well,  sir,  without  going  into  tho  quantum,  tho  amount 
—Did  you  know  anything  on  that  subject  or  linvo  any  im- 
formation  on  that  subject? 

A.  I  do  not  think  1  lmd  any  information.  Certainly  no 
specific  information.  What  inferences  I  might  linvo  drown 
from  these  conversations,  I  am  not  oven  able  to  call  up,  if  I 

710  drew  any.  11 

Q-  you  say  now  that  on  tho  Gtli  of  February,  1878, 
guided  by  an  exhibit,  he  produced  you  certain  matters  con- 
coining  duplex  telegraphy.  Had  ho  not  shown  you  draw- 
1878?  °Xplanatioils  011  tlmt  object  before  Fobruary  8th, 

A.  I  think  Mr.  Miller  had  brought  mo  somo  skolehcsj 
that  is  my  impression,  prior  to  February  0th. 

Q-  And  had  not  Mr.  Edison  himsolf  boon  with  you? 

711  „7i  ip,,  n°1’  My  u,ldo' Ending  was  that  Mr.  Edison 
711  sent  Mr  Miller  to  mo  with  somo  sketches,  or  perhaps  in  tho 

first  nistnnco  without  any  sketches,  or  perhaps  Mr.  Miller 
came  on  fits  own  account ;  I  am  not  clear  ns  to  that  But  a 
conversation  about  Mr.  Edison  and  his  ability  to  make  somo 
inventions  m  duplox  telegraphy  was  had  with  Mr.  Miller 
prior  to  tho  writing  of  tho  letter  of  February  0th. 

Q.  I  want  to  get  your  whereabouts  as  well  as  I  can  during 
m,  W'10l°  of,1873'  You  were  hero  on  the  Gtl,  of  February. 
When  was  the  first  timo  you  left  for  any  place  after  that? 


A.  I  do  not  remombor.  I  liavo  notloolcod  at  tho  records  712 
with  reference  to  ascertaining  that. 

Q.  I  do  not  mean  to  bo  gone  for  an  hour  or  a  day  or  a 
weok,  but  for  any  considerable  absonco? 

A  It  is  my  impression  that  I  was  gono  two  or  three  wcoks 
in  the  fall— in  tho  autumn  of  1878,  through  Missouri  and 
Kansas  to  Colorado.  But  whether  it  was  1872  or  1878,  at 
the  moment,  it  is  a  more  impression. 

Q.  Will  you  try  and  fix  that  dato  as  well  as  you  can. 

Q,  Well,  tho  first  nbsonco  you  think  you  had  in  1878  713 
was  in  tho  autumn  ?  , 

A.  I  do  not  desiro  to  express  an  opinion  ns  to  whether 
that  was  the  first  nbsonco. 

Q.  Is  that  tho  first  that  you  remombor  ? 

A.  It  is  tho  only  one  I  remember  at  the  moment ;  and 
I  do  not  now  fix  that  definitely  ns  in  1878. 

Q.  But  will  you  fix  it  ns  well  as  you  can  do  it  ? 

A.  I  will  ondcavor  to  do  so. 

Q.  You  went  to  Europo  in  tho  spring  of  1874  for  your 

health,  didn’t  you,  among  other  things?  714 

Q  When  woro  you  taken  sick  and  confined  to  your 

room-in  1874,  or  1878,  as  the  ease  may  bo  ? 

A.  I  sailed  for  Europo,  I  think,  on  tho  28th  of  March. 

Q.  I  will  got  the  timo  when  you  wont ;  I  am  now  asking 

tninly  for  two  weeks  before  that  timo,  and  I  wont  from  my 
house,  I  think,  to  tho  steamer ;  I  do  not  think  there  was  an 
interval  in  which  I  returned  to  the  office,  d*™®*1^*  715 
have  gono  there  in  a  carriage  and  come  back  egain.butl 
do  not  remember  the  fact,  nor  do  I  remember  a  tin,  mo- 
meat  how  long  I  was  confined  to  my  house  by  the  illness 

"it you  not  confined  from  about  the  middle  of 
February,  and  did  you  not  have  a  doctor? 

A.  I  cannot  answer  the  question  now ;  I  have  no  definite 
recollection  concerning  the  timo ;  my  letter  books  and  my 


716  stenographer's  notebooks  will  show  whoa  X  did  wort 

although  it  does  not  show  whether  I  did  it  at  my  house  or 
at  my  office.  J 

.  9;  1 ‘ako  il|  t,ml  113  11 3i°k  man  you  did  not  receive  maoj 
visits  at  your  house  ?  1 

A.  X  am  sorry  to  say  I  did. 
ft  No  more  than  you  oould  help  ? 

A.  No  more  than  I  could  help ;  no,  sir. 

Q.  You  did  not  go  to  the  offico  to  do  work  after  you 
were  takon  sick  generally? 

717  A.  It  is  my  impression  that  after  my  sickness  became  so 
IZTn™  ?  °°"1fin0Tm0  10  my  bouso-  I  did  not  go  to 

.  dioo,  but  that  I  wont  from  my  house  directly  oil  board 
slnj) ;  that  is  my  impression. 

Q.  And  thon  roturned  on  tho  24th  of  May  ? 

ortr?* 1  1  a"iv,od  in  No"’ York  on  Sunday  the  24th 
r  May,  1874 ;  wont  tho  same  ovcning  to  Irvington  in  tho 
°ountry,  whore  I  stayed  during  Monday,  and  my  fimtap- 
pearai^at  the  offico  was  on  Tuesday  mining  the  28th  of 

ft  Wkon  wore  you  absent  again  ? 
ofir  iX°W  Y°rk' 1  tLiuk'  °“  tbo  zoning  of  tho  18th 
ft  Tor  whore  ? 

A.  I  went  to  Chicago  and  to  St.  Paul. 

Q.  How  long  wore  you  gone  on  that  occasion? 

Julv  LTr  /?  my  offio°  011  tbo  morning  of  tho  7th  of  H 

Q.  Did  you  lcavo  again,  and  whon? 

710  A.  On  tho  29th  of  March  of  the  following  year _ 

a  i>eUMS,y°U  Imvo  f°rgotton,  hav’nt  you? 

A.  Possibly  I  may  have. 

olfabout  X°f  n‘t0“tion-  1)0  ion  know  you  went 
1874  l  aS>  day  ®ecombor,  to  Chicago  again,  of 
AtJi4,  as  wo  liavo  loarned  hero? 

A.  Yes,  sir,  I  did. 

and^ tvent'any where'?  bCtWC°n  t,,eSe  y°U  '°ft 

reotnoIettn°tr0m0mber'  1  “V  b™>  done  so.  I  do  not 


Q.  I  moan  to  bo  gone  for  three  or  four  woeks ;  of  oourso  720 
I  do  not  moan  when  you  went  to  Washington  or  to  Boston 
or  wherever  you  wont - 

A.  But  my  opinion  is  that  I  did  not  go  for  any  such  trip. 

Q.  Thon  you  left  on  tho  ovoning  of  tho  80th,  was  it? 

A.  The  80th  or  81st  I  think  it  was. 

Q.  Of  December ;  and  you  came  back  so  ns  to  bo  in  your 
offico  again  on  tho  19th  of  January  ? 

A.  On  Monday,  tho  lltlt.  I  reached  my  house  in  tho 
city  on  Sunday  morning,  tho  10th. 

Q.  And  enmo  to  your  office  on  Monday,  tho  11th  ?  721 

A.  Yes,  sir. 

Q.  And  at  that  timo  you  rccoivcd  what  you  oall  a  hint 
that  somebody  had  boon  buying  duplex  and  quadruplox  j 
whom  did  you  rooeivo  that  from  ? 

A.  I  am  unable  to  trace  that  to  any  particular  person.  I 
saw  a  groat  many  people  on  Monday  morning ;  having  boon 
absent  for  a  week  or  ten  days,  and  people  knowing  that  I 
was  roturned  on  that  day,  thoro  wore  a  great  many  waiting 

t0Q.°You  are  oortain  that  you  received  that  hint  on  that  732 
day? 

A.  I  tliink  I  did. 

Q.  Pretty  sure  about  that? 

A.  That  is  my  opinion.  .  , 

Q.  Is  it  an  opinion  from  memory  or  only  from  reasoning  < 

Havo  you  a  rcmombranco,  in  other  words,  or  is  it  only  mat- 
tor  of  reasoning? 

A.  It  is  not  so  much  the  memory  of  the  speoifio  hint  ns 
it  is  of  tho  hint  and  its  surroundings  which  came  up  on 
that  day.  723 

Q.  I  am  fixing  tho  time? 

A.  I  think  it  was  on  tho  11th.  _  .  , 

Q.  You  cannot  givo  us  any  information  ns  to  who  gave 

'  J”i“!  I  .»  unab.o  *  IT  - 1-  j 

make  furthor  answer.  I  used  tho  word  “  hint  Perhaps  M 

“  rumor  ”  would  bo  a  better  word.  M 

Q.  I  only  used  tho  word  “hint”  boeauso  you  did,  and  X  H 
folt  mysolf  bound  to  take  your  statomont.  ■ 


182 

724  A.  Cortainly— a  hint  or  rumor.  i 

Q.  Now,  cxaotly,  what  was  tho  hint  or  rumor  which  you 

received  on  that  day  ? 

A.  I  think  it  was  to  the  effect  that  Mr.  Edison  had  gono 
over  to  tho  enomy. 

Q.  Well,  ns  you  did  not  care  particularly  about  Ids  brains 
you  lot  him  go ;  but  that  anything  of  his  inventions  had 
gono  to  the  enemy  ? 

A.  I  do  not  want  to  admit  the  implication  in  the  ques- 

725  Q.  I  do  not  moan  to  catch  you  in  that  way. 

A.  I  do  not  wish  to  be  understood  ns  saying  at  any  time 
that  thoro  was  over  a  period  whon  I  know  Mr.  Edison  that 
1  did  not  enro  for  his  brains.  It  was  only  a  question  of 
where  I  went  to  get  them. 

Q.  What  I  desiro  to  ask  you  is  simply  this:  Did  you  un¬ 
derstand,  from  this  hint  or  rumor,  that  his  inventions  had 
gono  to  tho  enemy  ? 

A.  My  best  belief  on  that  subject  is 

Q.  Memory,  I  would  like,  sir. 

728  A.  Well,  my  boliof  is  based  upon  my  best  memory. 

Q.  It  might  bo  argument  ? 

A.  'i'hnt  tho  rumor  was  to  the  offeot  that  Mr.  Edison  was 
actually  in  negotiation  with  parties  adverse  to  us  or  had 
already  made  somo  transaction  with  them  ;  but  it  was  very 

Q.  Now,  I  want  to  ask  you  another  question  upon  this 
to  which  I  call  your  careful  attention.  Mr.  Mumford  was 
you  Vice-President,  wasn’t  he  7 

A.  Ono  of  them. 

727  Q-  Was  ho  the  managing  man  whilo  you  wero  gone? 
When  tho  President  was  away,  which  Vico  came  into 
play  ? 

A.  l’ho  by-laws  of  tho  company  provide  that  tho  Execut¬ 
ive  Committee  shall  designate  ono  Vice-President,  who  in  tho . 
nbsence  of  tho  President  shall  disolmrgo  his  duties;  whether 
there  had  been  any  such  designation  at  that  time  or  not  I 
cannot  state  now. 

Q.  Was  Mr.  Munford  generally  designated  to  takcobarge 


I 


189 

when  you  left?  You  did  call  yonr  committee  together  728 
whenever  you  wont  away  for  a  fortnight,  did  you  ? 

A  Tho  committc  meets  regularly  without  calling  toge¬ 
ther  every  week  at  least  once.  Mr.  Mumford  has  been  de¬ 
signated  and  other  gentlemen  designated.  I  should  say  ho 
had  not  been  designated  as  often  as  some  others. 

Q.  Did  you  receive  a  message,  or  did  you  not  reeoive  a 
message  from  Mr.  Mumford,  during  your  stay  at  Chicago, 
that  Edison  had  sold  out,  or  words  to  that  effect? 

A.  I  do  not  remember. 

Q.  Will  you  swear  you  did  not?  729 

A.  I  will  not. 

Q.  And  your  memory  fails  you  whotheryou  did  t 

A.  I  have  no  recollection  of  having  received  such  mes- 

Sn<Q.-  But  you  have  no  such  recollection  on  the  point  that 
you  could  stnto  whether  you  did  or  did  not.  Now,  didn  t 
you  hasten  home  on  account  of  that  message? 

A.  No,  sir  ;  I  did  not  hasten  home  bn  account  of  any 


Q.  Wasn’t  it  a  portion  of  tho  reason  of  your  short  stay  at  730 
Chicago,  and  abroad,  that  you  had  learned  that  Edison  had 
gone  over  to  tho  enomy  ? 

A.  No,  sir.  Shall  .1  give  you  the  reason  ? 

Q.  If  it  was  not  that,  I  havo  no  interest  in  it,  sir. 

A.  I  was  taken  very  ill  at  Chicago,  and  required  tho 
attendance  of  a  physician  all  night  with  other  attendance; 
and  I  look  the  train  tho  next  afternoon,  fearing  that  I  was 
likely  to  be  ill  for  somo  time,  and  thinking  tho  best  place 

k^AndVft  immediately  for  homo  os  you  have  told  us.  781 
Very  well,  sir,  would  such  a  message,  if  sent  by  telegraph, 
appear  on  your  books? 

A.  I  do  not  know  whether  it  would  or  not,  General. 

Q,  Oughtn’t  it? 

A,  We  havo  been  destroying  messages  up  pretty  snug 
lately,  you  know.  .  ,  , 

Q.  I  thought  thoso  were  only  politician  s  messages.  Did 
you  destroy  your  own  ? 


2  A.  Oil,  yea,  sir ;  wo  were  no  respecter  of  persons  in  that  , 

regard.  | 

Q.  Then,  whilo  you  would  destroy  the  messages,  if  you 
chose  to,  for  a  good  reason,  did  you  destroy  tho  fact  thnttho  I 
messago  was  sent.  Would  you  destroy  that  sort  of  re¬ 
cord? 

A.  I  cannot  answer  that  question  definitely  to  what  ex¬ 
tent  tho  records  of  the  messages  aro  destroyed,  whether  thoy 
are  destroyed  up  with  tho  messages ;  but  it  is  my  impression 

3  that  now  they  nro  both  destroyed  together. 


Q-  Is  a  record  kept  of  general  messages  ? 

A.  A  record  is  kept  of  tho  general  messages,  bull  cannot 
state  whothor  tho  record  is  kept  of  tho  sorvieo  messages  of 
our  ofiico  or  not 


(Recess  taken  until  2  o’clock.) 


734  After  Recess.  | 

i  Q.  Wo  were  asking  at  the  adjournment  as  to  tho  do-  ! 
struotion  of  books  and  papers.  I  suppose  that  tho  destruc¬ 
tion  of  thoso  books  and  papers  went  no  farther  than  thoso 
books  and  papers  which  showed  messages  sent  and  mes-  j 
snges  returned  ? 

A.  I  presume  that  it  docs  not.  I  don’t  quite  understand 
you. 

Q.  You  have  no  idea  that  it  did ;  you  did  not  destroy  I 
your  books  of  account  between  your  company  and  other 
’85  P00l)le? 

A.  No,  sir. 

Q.  You  did  not  destroy  your  pay  rolls  and  pay  accounts,  ; 
and  all  thoso  things  ? 

A.  Wo  do  not  destroy  them  ns  oloso  up  as  wo  do  tho 
messages,  but  tlioy  are  destroyed  from  time  to  time. 

Q.  You  did  not  intend  to  destroy  those — I  mean  simply 
your  pay  rolls  of  the  operators? 

A.  They  are  destroyed  from  time  to  time,  yes,  sir.  ; 


The  Court;  When  they  become  old  books  of  no  vnluo  7g6 
you  destroy  them  ? 

A.  Yes,  sir.  We  mean  to  do  a  cash  business,  and  thoy 
aro  paid  or  not ;  and  after  a  time  thoy  cease  to  have  any 

Q.  Havo  you  any  knowledge  that  books  and  papors  of 
your  office  showing  tho  business  of  tho  office  during  Gen¬ 
eral  Eckert’s  Supcrintcndcncy  havo  been  destroyed— I 
mean  now  books  of  account,  leaving  out  messages? 

A.  I  havo  no  specific  information  on  that  point.  It  is  a 
matter  that  I  can  inquire  about  737 

Q.  You  don’t  know  that  any  such  thing  has  been  done? 

A.  No,  sir  i  I  do  not 

Q.  Now,  sir,  did  not  your  company  keep  during  1878 
and  1874  an  exact  account  of  all  work  done  on  your 
lines? 

A.  Wlmt  kind  of  work? 

Q.  Any  kind  of  work. 

A.  Do  you  menu  the  transmission  of  messages? 

Q.  No,  sir.  I  mean  if  anybody  was  operating  your  lino, 
would  not  your  books  show  it — who  operated  it  so  long,  ^ 
etc.? 

A.  I  think  they  would. 

Q.  Mr.  Brown  kept  thoso  books,  did  ho  not  ? 

A.  I  think  not.  Mr.  Brown  is  a  District  Superintend¬ 
ent  now,  and  he  was  then  tho  manager  of  tho  Now  York 
office. 

r  Q.  They  were  kept  under  his  supervision? 

A.  Yes,  sir ;  in  order  they  would  come  undor  his  super¬ 
vision  as  tho  manager  of  the  office. 

I  Q.  Ho  would  have  tho  control  of  that,  so  that  if  an  ope¬ 
rator  were  employed  upon  a  given  work,  especially  if  it  7g9 
were  extra  work,  your  books  would  show  it? 

I  A.  I  don’t  know. 

Q.  They  ought  to?  , 

A.  Would  show  what  kind  of  work  ho  was  engaged 
upon? 

Q.  Yes,  sir ;  show  what  ho  was  about 
A.  I  supposo  thoy  would  show  what  circuits  ho  worked; 
if  he  was  doing  what  you  call  extra  work,  there  would  bo 


740  some  record  to  show  what  ho  was  about,  but  as  I  have  my¬ 
self  never  participated  in  beeping  those  boobs,  and  am  not 
familiar  with  thoso  records,  I  Bpcnk  guardedly,  nud  for  no 

Q.  I  have  no  interest  or  desire  that  you  shall  not  know 
exactly  the  purpose  for  which  I  ask  this :  It  is  for  the  pur¬ 
pose  of  showing  your  books  would  not  show  nil  the  timo 
Edison  was  using  your  wire  at  night? 

A.  I  don’t  know  whether  they  would  or  not. 

Q.  They  ought  to? 

741  A.  Not  necessarily. 

Q.  Why  not? 

A.  The  object  of  having  Mr.  Edison  uso  thorn  at  night 
instead  of  tho  day  timo  was  duo  to  tho  fact  that  at  night 
there  is  a  considerable  portion  of  tho  wires  for  which  tho 
company  linvo  no  uso,  and  thcro  would  bo  no  necessity  for 
keeping  a  record  as  to  what  was  being  dono  with  them. 

Q.  Would  not  your  operators  bo  there  operating  them? 

A.  Yes,  sir ;  if  operated  at  ono  eud. 

Q.  That  would  be  extra  work? 

A.  It  might  not  be  extra  work.  It  might  bo  regular 

742  work. 

Q.  Is  it  regulur  work  for  operators  to  assist  Edison  in  his 
experiments? 

A.  It  might  bo. 

Q.  Is  there  anything,  to  your  knowledge,  on  tho  books 
of  tho  Western  Uniou  Company  which  will  show  whou  Mr. 
Edison  lmd  tho  facilities  of  operators  to  aid  him  in  his  ex¬ 
periments  ? 

A.  There  is  not  to  my  knowledge,  and  thero  may  bo 
without  my  knowledge.  My  knowledge  does  not  extend 

1748  to  those  details. 

Q.  IIuvo  you  ever  examined  to  see? 

A.  No,  sir. 

Q.  Have  you  auy  means  of  knowing  tho  value  or  cost  to 
tho  Western  Union  Co.  of  such  facilities  that  wero  given  to 
Edison  ? 

A.  That  would  depend  altogether  as  to  tho  character  of 
tho  records  that  have  been  mado  with  reference  to  them;, 


if  tho  records  were  complete,  possibly  an  approximation  744 
might  bo  mado  to  tho  value. 

Q.  Did  you  not  charge  them  to  him? 

A.  I  think  not. 

Q.  Have  you  ever  olmrged  them  to  Mr.  Prescott  i1 
A,  I  think  not  ,  ,  ... 

Q  nas  ho  ever  paid  anything  since  he  has  been  joint 
owner  here,  for  the  uso  ortho  wires  in  carrying  on  theso  ex¬ 
periments? 

A.  I  think  not. 

Q.  Has  ho  ever  paid  anything  for  tho  uso  of  tho  opor-  746 

Q.  Does  not  your  book  show  where  in  your  shop  you 
mado  machines  with  which  theso  inventions  could  bo  ear- 

rieA.°Thoro  are  doubtless  some  records  in  tho  shop  on  that 
SUQ.01 Ought  thero  not  in  your  shop  to  bo  a  record  of  ovory- 
tH  A?  I  cannot  undortako  to  say  whether  it  ought  to  bo  or  ^ 

n°0  In  tho  carrying  out  of  your  business— in  tho  regula- 
tio?of  tho  business  of  your  company,  do  you 
yoor  books  to  bo  so  kept  ns  to  show  what  has  been  dono  m 
your  shop  ? 

A.  Yes,  and  no.  ....  ■> 

0  Give  mo  tho  yes  part,  and  thou  tho  no  t 
I  The  books  are  intended  to  bo  so  kept,. orshouH  be  so 
kept,  ns  to  protect  tho  interests  of  the  company ,  ■ 

-  business  for  the  as  747 

^  is  the  desireothat 

these  records  should  bo  complete;  but  to  s„y  a 

i.  kept  of  .11  '“f °  l  wliicU 

Hsahtar-a1 


718  should  pay  to  him  for  it,  and  you  woro  contributing  towards 
that  invention  at  the  snmo  time;  was  there  no  record  kept 
of  what  it  cost  you  as  an  elemont  of  that  valuo  which  the 
arbitration  should  fix  ? 

|  £  mctln  r°r  1,10  PurPoso  of  having  that  element? 

A.  I  think  not. 

Q.  Was  there  no  record  kopt  at  all  for  any  purpose  of 
that  sort?  1 

A.  Whatever  records  woro  kept  woro  such  ns  tho  system 

749  of  doing  tho  business  would  provide  for,  without  reference 
to  the  particular  uso  that  was  being  mado  of  these  facilities 
or  this  labor. 

Q.  For  instance:  you  go  and  order  Edison  to  linvo  cer¬ 
tain  keys,  relays,  soundors,  machines  made,  and  iio  goes  to 
your  shop  and  has  them  made;  would  thcro  bo  no  record 
of  that? 

A.  I  cannot  say ;  I  presume  thoro  would  be. 

Q.  Will  you  do  mo  tho  favor  to  allow  mo  to  seo  those 
records? 

760  A.  That  is  a  question  that  I  do  not  wnnt  to  nnswer  hero: 
I  do  not  know  whether  I  should  or  not;  I  should  do  what 
ever  tho  Court  dircoted  or  counsol  advised. 

Jfr.  Zowrci/:  In  his  character  of  witnoss  he  cannot  do  it. 
He  will  do,  of  course,  what  bis  counsel  advise  him.  I  pre¬ 
sumo  there  will  bo  no  objection  to  it. 

Q.  You  aro  not  only  a  witness,  but  arc  tho  President  of 
tho  Company  nnd  the  chief  oxooutivo  oflicor? 

A.  Yes,  sir. 

751  Q-  Will  you  produce  thoso  records  ? 

Jfr.  Lowrey :  Tho  witness  lias  no  moro  custody  of  tho 
books  that  are  now  spoken  of,  I  suppose,  than  I  have. 

-/Vie  Court:  There  is  a  mode  prescribed  by  law  for  ob¬ 
taining  ovidcnco  of  this  character.  It  is  within  tho  provinco 
o  t  io  witness,  on  the  advice  of  counsel,  to  say  whether 
that  method  will  bo  resorted  to. 


Q.  Wo  will  pass  from  that  now.  Have  you  over,  in  any  75- 
writing,  labored  to  provo  that  doublo  transmission  on  ono 
iviro  is  tho  fastest  system  of  tolegraphy  known  ? 

(Objected  ,  to  as  being  ontiroly  immaterial  to  any  issuo  in 
tho  case,  and  not  cross-examination  upon  anything  that  has 
been  brought  out  on  the  direct  examination.) 

Ur,  Lowrey :  If  tho  intention  is  to  adduce  ovideneo  as  to 
the  meaning  of  tho  word  "  fast,”  our  friends  promiso  not  to 
givo  any  ovidonco  on  that  subject,  nnd  they  did  not  give  any  75i} 
except  what  they  could  not  help.  If  this  witness  bad  boon 
examined  upon  any  subject  cognate  to  this,  still  your  H°n°r 
lias  held  us  to  such  ovidcnco  in  rolation  to  the  word  11  fast 
as  tended  to  show  what  nnrrington  meant  wlion  lie  used 
tho  word. 

Ur,  Sutler:  Iliad  supposed  that  I  had  an  opportunity  to 
put  in  evidence  on  cross-examination  when  I  had  a  porson 
on  the  stand  who  knows. 

Jfr.  Lowrey :  Wo  liavo  no  objection  to  any  elucidation  of  764 
tho  term  11  fast "  which  doc3  not  involve  us  in  the  necessity 
of  any  robuttnl.  If  Gen.  Butlorchoosos  to  make  Mr.  Orton 
or  any  other  witness  his  own  witness  for  tho  purposo  of  ex¬ 
amining  him  on  a  now  subject,  wo  do  not  object. 

The  Court:  Suppose  Mr.  Orton  has  endeavored  to  prove 
that  ono  tiling  is  faster  than  another,  wlmt  has  that  to  do 
with  tho  caso? 

General  Butler :  Thnt  puts  mo  to  tho  nrgumont  of  the  755 
caso  a  little  early.  Mr.  Orton  is  put  on  tho  stand  for 

itlio  purposo  of  allowing  thnt  ho  desired  to  buy  a  cer¬ 
tain  thing,  and  that  certain  thing  was  an  invention  for  tuo 
transmission  of  messages,  which,  ho  claims,  are  very  vn  • 
uablc.  Now,  suppose  that  I  can  show  that  lie  had  declared 
that  ho  had  a  better  method— a  faster  method— one  which 
answered  every  purpose — may  not  tho  fact  be  used  in  argu- 
meet  to  show  that  bo  was  not  making  this  bargain.  0 


191 


756  deny  tlio  bargain  made.  Supposo  wo  can  show  that  lie  mil  | 
at  a  certain  time,  "This  is  tlio  fastest  system  possible;  il 
supplies  all  onr  wants,  all  we  desire,  and  we  own  tint,"  J 
won’t  it  bear  upon  tlio  question  legitimately  whether  it  ill 
true  that  bo  wns  buying  something  olso? 

The  Court:  Ho  might  have  roasons  for  buying 
telegraph  other  than  the  celerity  of  transmission  of  message  I 
by  that  process.  Ho  has  not  argued  that  tbnt  was  the  sole  | 
and  only  roason  of  that  purohase. 

767  Mr.  Suiter:  I  intond  to  tako  one  at  a  time. 

Mr.  Louirey :  After  tko  explanation  of  counsel  wo  with- j 
draw  the  objection. 

Q.  I  ask  you  whether  in  1878,  as  late  as  the  very  last  I 
portion  of  that  yonr,  you  did  not  write  and  say  both  that 
the  duplex  used  by  the  Western  Union  Compauy  was  the 
fastest  system  known,  and  entirely  satisfactory? 

A.  I  can’t  remember  what  I  ever  wrote  and  said  unless 
ygg  it  is  presented  to  me. 

Q.  You  don't  quito  mean  that,  do  you  7 

A.  I  cannot  remember  what  I  wrote  or  said  at  any  par¬ 
ticular  timo  on  that  subject 

Q.  Let  mo  give  you  this  pamphlet  and  bcc  if  you  wDI 
agreo  that  this  is  it.  It  is  a  lettor  to  the  Postmaster-Gene¬ 
ral,  pages  19  and  21,  of  a  pamphlet  entitled  “A  letter  to 
the  Postmaster  General,"  referring  to  exhibit  Z  6. 

A.  I  wrote  that,  sir. 

Q.  Beginning  at  the  top  of  the  page,  "Double  transmit- 
q  sion  on  one  wire,  tko  fastest  system  known  ?” 

A.  I  don’t  remombor  whether  I  wrote  all  these  sectional 
headings  or  not. 

Q.  “Duplex  apparatus,"  and  so  forth.  I  won’t  read  it 
all  now,  but  I  will  put  it  all  in. 

(Counsel  offers  the  letter  Exhibit  Z  6  in  evidence.  Ad¬ 
mitted  without  objection.) 


Q.  Look  at  that  botweon  tho  brackets  and  see  whether  760 
you  adopt  that  language  ns  your  own,  commencing  about  a 
quarter  down  the  pago,  at  “but  tho  automatic  is  not  the 
most  economical,"  and  going  down  to  “  telegraphic  work,” 

i  pago  86. 

A.  That  expressed  my  opinion  at  the  timo ;  I  have  had 
no  occasion  to  chango  it  since. 

Q.  I  want  to  fix,  if  I  can,  when  Edison  cnllcd  on  you  to 
borrow  some  money.  You  got  homo  in  May,  1871,  on  tho 
21th ;  came  to  your  office  on  tho  26th,  and  left  on  the  7th 
of  July.  761 

A.  I  left  on  the  18th  or  19th  of  June. 

Q.  And  returned  on  tho  7th  of  July  7 

A.  Yes,  sir. 

Q.  And  you  had  been  sick  beforo  you  wont  abroad.  Then 
I  understand -that  on  account  of  your  absence  and  sickness 
you  personally  knew  nothing  of  what  was  going  on  at  the 
company's  works  from  the  time  you  were  taken  sick— about 
a  fortnight  or  three  weeks — then  you  left  and  went  directly 
to  tho  steamer.  Then  you  got  back  on  tho  26th  of  May, 
and  then  you  know  what  you  did  know  until  the  19th 
of  Juno,  and  then  nothing  more  personally  until  the  7th  of 
July. 

A.  From  tho  19th  of  Juno  until  the  7th  of  July,  I  pro* 
sumo  I  was  in  daily  communication,  by  wire,  with  my 
office. 

Q.  You  didn’t  know  anything  oxcopt  by  wiro— nothing 
by  word  of  mouth? 

Q.  Do 'you  remember  any  message  from  Edison,  or  about 
Edison,  between  the  19th  of  Juno  and  the  7th  of  July  7  <0iS 

A.  I  dou’t  romember  whether  I  had  a  message  from 
Edison,  that  is  over  his  signature. or  not;  I  did  have  mes¬ 
sages  about  Edison. 

Q.  From  whom  7 

A.  From  Mr.  Prescott  for  one;  possibly,  I  might  have 
had  it  from  Mr.  Mumford  ;  it  is  rather  to  the  substanoo  than 
to  tho  persons  that  my  recollection  runB. 

Q.  Can  you  tell  what  there  was  in  those  messages  7 

A.  I  can  tell  you.  what  thoy  were  about— that  is,  what 


!4  some  of  them  were  nhoul ;  they  wero  about  Edison’amoncj 
matters;  about  his  mortgngo  to  Unger,  and  tbo  necessity 
for  paying  it  off,  and  about  his  overtures  to  us  to  take  tig 
mortgage  and  advance  the  money ;  those  wero  the  subjects 
of  telegraphic  correspondence. 

Q.  How  soon  after  the  19th  of  June  did  they  commence? 

A.  My  impression  is,  that  they  comtnonccd  before  I  went 
away ;  that  is  to  say,  that  something  was  said  on  the  sub¬ 
ject. 

Q.  By  whom  ? 

15  A.  I  think  by  both  Edison  and  Prescott.  It  is  my  im¬ 
pression  also,  that  he  had  made  the  arrangement  with  Gen¬ 
eral  lefferts  beforo  I  went  away. 

Q.  Then  that  could  not  bavo  been  beforo  the  26th  of ; 
May? 

A.  No,  sir. 

Q.  Sometime  between  tho  20th  or  May  and  the  19th  oi 
Juno  Mr.  Edison  had  called  upon  you  about  borrowing 
money  ? 

A.  I  am  not  clear  whether  Mr.  Edison  opened  that  sub- 

6  jcot  t0  mo  during  that  timo  or  had  conversations  with  me,  or 
whether  I  had  tho  knowledge  from  Mr.  Prescott  or  from 
somebody  else  in  Ed  ison’s  behalf. 

Q.  Was  that  tho  occasion  when  the  $3,000  was  paid? 

A.  Tho  $3,000  was  actually  paid  on  the  80th  of  June 
That  was  during  my  absence ;  whether  1  authorized  that 
payment,  I  do  not  now  remember. 

Q.  Was  that  a  borrowing  of  money  or  an  attempt  to  get 
the  Gold  and  Stock  Telegraph  Company  to  pay  something 
on  account  to  tho  Western  Union  Company? 

17  ■  -f*  '-The  actual  purpose  of  it  was  to  accommodate  Mr. 

Edison  in  the  first  instance,  leaving  tho  adjustment  of  tho 
matter  open  for  tho  future. 

Q.  If  I  understand  you,  I  don’t  know  that  I  do  exactly, 
Edison  drew  a  draft? 

A.  No,  sir;  Tho  Gold  and  Stock  Company  drew  a  draft 
on  tho  treasurer  of  tho  Western  Union  Company  in  favor 
of  T.  A.  Edison  for  $3,000,  which  was  paid. 

Q.  That  transaction  was  this  on  tho  faco  of  it:  tbo  Gold 
and  Stock  Company,  wanting  to  let  Edison  bavo  some  d 


193 

money,  and  i.ot  having  it  convenient  for  some  reason,  drew  7f 
a  draft  on  tho  Western  Union  Company,  whioli  tho  Westorn 
Union  Company  accepted  and  paid,  that  appeared  on  tho  • 
face  of  tho  paper. 

A.  Yes,  sir,  so  far  as  tho  records  would  go,  it  would  ap¬ 
pear  to  bo  a  loan  for  tho  timo  being  from  tho  Western 
Union  to  the  Gold  and  Stock  Company. 

Q.  And  it  would  nppoar  to  bo  a  loan  to  tho  Gold 
and  Stock  Company  for  tbo  purpose  of  paying  a  draft 
which  tlioy  owed  Edison  ? 

A.  They  didn’t  owo  Edison;  that, is  my  understanding,  f 
It  was  for  the  purposo  of  enabling  them  to  ndvunco  Edison 
$3,000,  because  it  lind  bceu  tbo  practice  of  the  Gold  and 
Stock  Company  to  bo  in  advanco  of  Edison  all  tho  timo. 

Q.  That  you  kuow  all  about? 

A.  Yes,  sir. 

Q.  Then  this  amount  was  afterwards  paid  tho  Westorn 
Union  Company  by  the  Gold  and  Stock  Company? 

A.  Yes,  sir.  .. 

Q.  And  charged  to  Edison? 

A.  Yes,  sir ;  by  the  Gold  and  Stock  Company.  g 

Q.  That  had  nothing  to  do  with  these  inventions? 

A.  Whatever  it  had  to  do  with  them,  tho  facts  are  as 
stated. 

Q.  What  had  that  to  do  with  ;theso  inventions,  if  any- 


oupation  to  these  inventions  at  that  time. 

Q.  -  When  did  the  $10,000  matter  coroo  up-whilo  you 
wore  away — because  lie  was  not  going  to  mortgage  Any¬ 
thing  for  this  $3,000  cheek  of  tho  Gold  and  Stock  Com¬ 
pany?  :  81 

A.  No,  sir,  no  mortgngo  for  that. 

Q,  You  say  you  had  telographio  communication  about 

his  wanting  a  chattel  mortgngo  of  $10,000? 

A.  I  had  telegraphic  communication  about  his  wnnting  . 
to  raise  $10,000  to  enablo  him  to  pay  off  a  chattel  mortgngo 
on  his  shop  and  fixtures.  v  ■ 

Q.  Ho  wanted  to  givo  you  a  security  of  a  chattel  mort¬ 
gage  on  tho  same  stock? 


194 


'  105 


J02  A.  Yes,  sir. 

Q.  And  thnt  must  have  been  while  you  wero  absent  that ' 
that  applientiou  was  made.  Was  not  thntnpplioation  made  ’ 
before  you  went  nway — I  mean  of  Edison  ? 

•  A.  I  cannot  romember  whether  Mr.  Edison  said  it  to  me, 
but  I  had  information  from  sourco  thnt  Edison  wanted 
money.  jj 

Q.  I  only  wnnt  to  donl  with  Edison.  Didn’t  Edison  como 
to  you  and  ask  you  to  loan  him  $10,000,  and  you  asked  him 
what  security  ho  had  to  give,  and  ho  snid  I  linvc  a  stock 

03  and  fixtures  over  in  Newark  upon  which  I  can  give  you 
seourity? 

A.  The  circumstances  did  not  occur  in  Hint  form  or  in  •  a 
thnt  order.  ■ 

Q.  Was  not  thnt  oxnctly  it?  9 

A.  No,  sir.  '  0 

Q.  Now,  thou,  did  you  not  say  to  Edison,  “  I  don’tcare  to  .  9 
have  a  chattel  mortgage,"  or  words  to  thnt  effect,  “about  I 
wlmt  I  don’t  know  exactly.  What  else  have  you  got  for  9 
security  ?"  la 

)4  A.  Thnt  X  did  say,  in  substance.  That  substantially  pas-  jj 
sed  between  Edison  and  myself  on  this  day.  I 

Q.  Did  not  he  say,  "I  hnvo  my  interest  in  automatic;  I  9 
will  give  you  that  for  security?”  ■  I 

A.  Something  to  thnt  effect.  fj 

Q.  Well,  thnt  in  substance?  jj 

A.  Thnt  in  substance,  and  I  hnvo  not  got  anything  but  H 
my  automatic.  •  fj 

Q-  Did  you  not  say,  "  What  is  your  intorost  in  the  auto-  | 

5  A.  No,  sir.  I 

Q.  Did  ho  not  toll  you  what  his  interest  in  antomatio  .  9 
was?  I 

A.  Shall  I  toll  you  what  I  did  say  to  him  ?  1 1| 

Q.  No,  sir.  If  you  didn’t  say  that,  I  don’t  care  what  else  :  | 
you  said.  You  didn't  say  that?  9 


Q.  Did  ho  not  say,  “I  haven  contract  with  -Mr.  Har-  80 

1  A  Ho  didn’t  say  anything  of  the  sort.  I  said  that  I 
would  not  give  $10,000  for  all  the  traps,  but  it  might  bo 
good  security  for  $10,000,  nevertheless. 

Q.  All  right,  wo  won’t  argue  it  now.  Did  you  say  to  linn 

^'a!  That  is  oxnctly  what  I  said  to  him;  that  I  would  not 
give  $10,000  for  all  those  traps,  but  nevertheless  it  might 
bo  good  security  for  $10,000. 

Q.  I  menu  his  automatic  1 

A.  That  is  oxnctly  wliat  I  refor  to.  , 81 

Q.  leave  out  tho  chattel  mortgage.  I  moan  his  iutoicst 
in  the  automatic  !  . 

A.  Yes,  sir,  thnt  is  exactly  what  I  refer  to. 

Q.  Yon  said  you  would  not  givo  $10,000  for  all  his  tops, 
referring  to  Ids  iutorest  in  the  automatic,  aiiendul  not 
Mr. Edison  say  to  you,  “I  have  got  a  “ntrac  witU  Mr. 
Harrington.”  You  say  no.  Then,  did  you  not  toll  him, 
“Well,  let  us  see  it  1”  g 

A.  Nci,  sir. 

Q.  “  Bring  it  hero  to-morrow  morning  1” 

A.  I  can  tell  you  exactly  what  Edison  saul;  it  conics  to 
my  mind  now. 

Q.  Did  ho  say  that! 

A.  No,  sir. 

Q.  Ho  didn’t! 

Q.’  Dili  not  Mr.  Edison  como  and  bring  his  contracts  be- 
ween  him  and  Mr.  Harrington  to  you! 

A.  Not  to  my  recollection. 

Q.  Can  you  tell  wliothcr  ho  did  or  not  ?  6 

A.  I  have  no  recollection  of  Edison  showing  mo  any  con- 

triQ.t  Did  yon  not  look  at  it  and  toll  him  to  go  and  show  it 
to  your  lawyers,  Messrs.  Porter,  Lowroy,  Soreu  and  Stono, 
mid  soud  Mr.  Prescott  with  him  ?  . 

A.  I  lmvo  no  recollection  that  I  sent  anybody,  or  co 
suited  Porter,  lowroy,  Boren  and  Stono  on  that  omiasion. 

Q.  Have  you  such  inomory  on  this  subject  that  you  can 
tell  whether  you  did  not  ? 

A.  I  don’t  remember  that  I  did. 


810  Q.  Do  you  romoinbor  tlio  transaction  so  tliat  you  kmw 
you  did  not  ? 

A.  I  don’t  think  I  do. 

Q.  Do  you  know  tliat  you  do  notT 

A.  I  liavo  answered  tho  quostion  ns  fully  ns  I  cnn. 

Q.  Pardon  mo.  Thoro  are  somo  tilings  a  man  knows  lie 
did  do,  and  somo  things  ho  knows  ho  did  not.  I  want  to 
know  whethor  that  is  ono  of  tho  things  you  know  you  did 
do? 

A.  I  don’t  think  I  do. 

Q.  Did  you  over  seo  a  contract  botwoon  Edison  and  Hnr- 

811  rington  ? 

A.  Yes,  sir. 

Q.  'When,  for  tho  first  time  ? 

A.  To  tho  host  of  my  recollection,  it  was  in  January. 
1875.  •” 

Q.  Did  you  not  soo  a  contract  earlier  tlinn  that  1 

A.  I  don’t  remember. 

Q.  Dave  you  such  memory  that  yon  cnn  say  you  didn’t! 

A.  I  don’t  think  I  want  to  vary  tho  form  of  tho  nnswor  I 
hnvo  givon.  I  do  not  recollect  of  having  seen  a  contract  of 
that  kind. 

812  Q.  Did  you  over  liavo  a  conversation  with  Mr.  Edison  ns 
to  whether  qundruplex  or  duplex  was  within  a  contract 
which,  you  saw  1 

(Objected  to.  Admitted.) 

.  A.  I  had  a  conversation  with  Edison,  not,  as  I  remember 
about  a  contract.  I 

Q.  Pardon  mo.  Thou  I  don’t  want  anything  about  it. 


The  Court :  I  think  wlion  Gouoral  Bntlor  asks  whothor 
tho  witness  had  such  a  conversation  or  not,  ho  is  entitled  to 
nil  answer. 

Q.  Do  you  now  know  that  you  did  not  hnvo  a  conversa¬ 
tion  with  Mr.  Edison  as  to  whothor  tho  qundruplox,  or  du- 


Edison  in  connection  with  a  contraot  about  qundruplox  anil 
duplex.  I  do  recollect  a  conversation  with  Mr.  Edison 
about  qundruplox  and  duplex  uiulor  tlieso  oircuinstnnoos. 

Q.  That  I  don’t  want. 

Mr.  Tmoretj  ;  I  think  tho  witness  ought  to  liavo  a  clinnco 
to  oxplnin  liimsolf. 

Tho  Court :  I  am  inclined  to  think  that  tho  bettor  plan 
would  bo,  that  if  any  testimony  is  givon  that  tends  to  show 
that  ho  has  mailo  statements  out  of  court  inconsistent  with 
thoso  mail o  hero,  ho  may  bo  recalled  horoaftor.  It  maybe, 
howovor,  wholly  unnecessary  if  no  issue  is  raised  in  regard 
to  this  point. 

Mr.  Butler :  I  think  I  liavo  tho  right  to  ask  tho  witnos? 
for  a  given  conversation.  If  ho  had  not  had  that,  then  I 
do  not  liavo  any  conversation  in.  If  ho  has  had  tl.mty  .1 
want  that  in. 

The  Court ;  I  think  it  will  bo  wholly  unnecessary  that 
any  explanation  shall  bo  givon,  unless  it  shall  appear  that 
the  witness  is  mistaken,  or  that  thoro  is  a  conflict  m  rela¬ 
tion  to  that  point. 

ThoWitimai  Iliad  a  conversation  with  Mr.  Edison  on 
tho  8th  of  July.  ,  ,  r 

Q.  I  don’t  ask  you  that.  You  liavo  had  mnny.  I  ask 
yon  now,  sir,  whothor,  prior  to  tho  10th  day1  of  Jnly-nnd  1 
h  take  that  dato  bocauso  I  can  fix  it  by  a  certain  limes  ar¬ 
ticle— you  did  not  liavo  a  conversation  with  Mr.  Ellison 
asking  him,  in  snbstauco,  whothor  tho  qundruplox  or  du¬ 
plex  wore  within  his  contract  with  Mr.  Harrington  ? 

A.  I  don’t  think  I  ovor  had  such  conversation. 

Q.  Do  you  know  you  novor  had? 

I  A.  I  don’t  think  I  ovor  had  such  conversation. 

Q.  Havo  you  said  you  had  ?  ,  .  . 

A.  Ho,  sir,  not  that  I  know  of.  I  don’t  remember  that  1 
ovor  had  such  conversation. 

Q.  Is  your  memory  so  accurate  that  it  will  toll  y°ajrho 


103 


I  don’t  romombor  nny  anon  conversation. 

.  Q.  Was  it  dismissed  between  you  and  Mr 
yonr  recollootion,  tliat  there  was  any  contract  b 
and  Harrington  about  nny  tolcgrnphic  inrontio 

A.  I  have  had  conversations  with  Mr.  Edison 

Q.  I  mean  prior  to  July  10th  ? 

A.  I  think  not. 

Q.  Are  you  suro  about  that? 

A.  I  fed  very  suro  about  that.  I  have  no  roc 
any  such  conversation  with  Edison  prior  to  that 
81 J  conversation  I  rot'orred  to  a  moment  ago  was  sit 
that  time. 

Q.  Did  you  not  instruct  your  counsol,  Mm 
Lowroy,  Soron  and  Stono,  that  you  lmd  Imd  sue 
sntiou,  and  tell  them  what  was  said  ill  it? 

A.  r  don’t  remember  that  I  over  gavo  them  si 
tion. 

Q.  Did  you  not  instruct  thorn  beforo  nny  ng 
sale  was  mndo  that  you  lmd  such  a  convorsntio 
son  told  you  that  quadruples  and  duplex  wen 
log  nnrrington  agreement! 

A.  No,  sir. 

Q.  When  was  tho  first  time  that  you  havo  t 
branco  of  having  bail  any  conversation  with 
upon  that  question  1 

A.  Somctinio  in  tho  autumn  of  1874. 

Q.  What  time  1 

A.  Well,  I  don’t  romombor  what  time. 

Q.  As  near  ns  you  can  1 

A.  September  or  October,  perhaps  I  should  ft 
hail  a  conversation  witli  Edison. 

§21  Q-  In  September  or  Ootober  1 

A.  I  think  so. 

Q.  Now,  then,  having  that  conversation,  wlioi 


Q.  Won’t  yon  tax  your  memory  to  recall  nny  other  1  gl 

A.  I  will.  - 

Q.  Do  you  now  recall  any  other! 

A.  I  do  liot. 

Q.  Who  introduced  that  conversation! 

A.  I  think  X  did. 

Q.  Was  it  a  long  conversation  ! 

A.  I  don’t  romombor  as  to  that;  probably  not. 

Q.  Do  you  romombor  as  to  its  length;  whether  it  was 
lengthy ! 

A.  I  do  not. 

Q.  That  conversation  which  you  fix  in  Soptomber  or 
.October;  can  you  tlx  it  any  nearer!  g 

A.  No,  sir;  I  mn  not  able  to. 

Q.  atato  to  mo  tho  first  word  that  you  can  remember 
that  you  said  to  Mr.  Edison  at  that  time ! 

I  A.  At  tho  commencement  of  tho  interviow ! 

Q.  In  that  interviow  of  Septenibor  or  October,  which  my 
ast  question  involved,  after  having  taxed  your  rccollcc- 

I  A.  I  don’t  romombor  what  tho  first  word  or  sentoneowns. 

1  Q.  Givo  mo  tho  first  sentence  that  you  do  romombor  ! 

A.  Tho  siibstnnco  of  tho  first  that  I  do  roinomber  that  I 
aid  to  him  was,  that  I  had  heard  recently  that  Mr.  Reiff  g 
mil  stated  in  conversation  that  it  was  not  fair,  or  in  Bomo 
omplniniiig  way,  that  Mr.  Edisou  should  bo  helping  tho 
I  A'csteru  Union  Co.,  and  Sir.  Edison  veplied  in  siibstnnco 
Mint  there  was  no  ground  for  any  such  complaint,  and  ho 
•nvo  two  ronsous — I  don’t  know  that  ho  said  for  two 
asoiis,  but  he  gave  two  reasons;  one  was  that  Mr.  Keiff 
■  that  party  had  no  claim  upon  him  for  anything  except 
itomntic;  and  in  tho  next  place,  that  tho  arrangement 
int  had  been  mndo  that  covered  that  hail  already  fallen 
rough ;  that  is  tho  siibstnnco  of  it. 

Q.  Anything  olso  that  yon  con  remember  at  that  time !  g 
'A.  Nothing  that  I  can  romombor. 

Q.  Arc  you  sure  that  tho  wonl  was  «  arrangement !” 

A.  I  am  not  suro  of  nny  particular  word,  I  was  endeavor¬ 
ing  to  givo  tho'substanco  of  his  conversation. 

Q.  Was  it  not  “contract!” 

A.  I  don’t  romomber;  it  might  havo  boon,  sir.  ... - 

Q.  Did  yon  ask  him  what  that,  as  arrangement  or  con- 
Ltraot— was ! 


828 .  A.  I  don’t  remember  font  I  did. 

1  Q.  Did  you  mako  any  inquiry  furtlior  1 
A.  I  don’t  remombor  that  I  did. 

Q.  Did  you  lmvo  any  other  conversation  with  him  ntai 
other  time  heforo  the  23d  of  January,  upon  this  sumo  mi 

A.  Do  you  mean  about  the  quadruplox  and  duplex) 
Q.  About  tlmt  contract  or  urraugcincnt  f 
A.  I  linvo  no  recollection. 

Q.  Will  you  tax  your  recollection  and  sco) 

A.  I  have  tried  to  do  it  already;  I  do  not. 

827  Q.  You  have  road  tho  testimony  of  Mr.  Edison,  on  tt 

■  point  1 

Q.  How,  sir,  aftor  you  had  returned  from  Chicago,  d 
you  not  instruct  your  counsel,  Messrs.  Porter,  I.own 
Soreu  and  Stone,  to  inform  Mr.  Edison,  that  whilo  you  It 
been  told  of  tho  contract,  you  supposed  you  lmd  also  he 
told  that  tho  quadruplox  and  duplex  did  not  como  with 
it) 

A.  I  have  no  recollection  of  any  such  instructions  or  co 
versation  with  my  counsel  on  that  subject. 

328  Q.  Did  you  turn  tho  letter  of  Mr.  Edison,  of  tho  26th 

■  ,  January,  which  is  an  exhibit  in  this  enso,  over  to  them,  a: 

instruct  them  to  make  an  answer  to  it ) 

[Referring  to  Exhibit  X.J 
A.  Lot  mo  seo  tho  exhibit. 

|Exhibit  handed  to  witness.] 

329  Q.  You  received  that  lottor  from  Mr.  Edison  ) 

A.  I  think  I  did. 

id: Q-  hid  you  not  turn  that  over  to  Messrs.  Porter,  Lowrc 
Boron  and  Stone  to  answer  ) 

A.  I  think  I  turned  it  over  to  them. 

Q.' Aiid  with  directions  to  make  an  answer) 

The  witness.  [Continuing  his  last  answers.]  Hot  bccau 
I  remember  tho  fact;  I  reached  that  result  by  reasoning 


lon’t  remember  that  you  turned  it  over) 
icmbor ;  no,  sir. 
alto  any  nnswor  to  it  yourself? 
lombor  that. 

remember  whether  you  gave  them  insti 
ject? 

ision  is  that  I  did  not  instruct  in  respect 
Wo  advised  together  about  them, 
acted  them  on  matters  of  fact  within  y 

om  whatever  information  X  possessed, 
;avo  it  of  course,  ns  it  lay  in  your  mind 


lumber  that  lie  had. 
meeting  with  Mr.  Rci(f,  which  you  have 
lot  go  into  some  investigation  to  seo  wl 
icso  parties  were  ) 

•ally,  do  you  mean  to  say  that  you  had 
ou  in  your  miml.  or  lulormation  or  bol 
any  written  contract  butweeu  Edison  a 
il  January,  1S75  ? 

norally,  from  information  that  floats  ab 
:od  up  that  I  cannot  trace  definitely  a 
;1  nmdo  improvements  on  tho  automatic, 
sk  you  about  improvements,  I  ask 
d  not  know  or  linvo  information  that  Edi 
er  some  contract  botweeu  him  and  Harr 

ink  I  know  what  wns  tho  character  of 

it  what  I  ask  you.  Did  you  not  knoi 
o  boliovo,  or  linvo  information  that  ho 
imo  kind  of  written  contract,  whatever  1 

•member  that  I  had  any  such  knowledge 


834  Q.  Or  information ? 

A.  Or  information. 

Q.  Orbolicf? 

A.  Or  belief. 

Q.  Ami  do  you  now  tell  tbo  Court  tlmt 
this  transaction  of  so  much  importance,  tli 
inquiry  1 

A.  I  have  no  recollection  of  having  made 
the  subject;  I  can  recall  nothing  that  warm 
was  any  necessity  for  any  investigation  of 
Aq.  Did  you  have  no  conversation  with 
335  /that  subject? 

/  '  A.  I  have  had  a  great  many  converse 
/  Prescott,  but  I  cun  recall  nothing  on  that  s 
/  Q.  Nothing  on  thnt  subject  whatever? 

I  r  A.  If  Hr.  Prescott  should  say  thnt  ho  ha 
-I  sation  with  mo  on  thnt  subject  that  ho  n 
tinetly,  I  should  not  bo  inclined  to  disputo 

Q.  Let  us  try  that  with  Air.  Edison.  St 
son  should  say  distinctly  that  ho  had  had 
with  you  on  tho  subject,  would  you  put  h 
category  with  Hr.  Prescott? 

330  -A.  Perhaps  Hr.  Edison  would  have  si 

upon  his  mind  in  relation  to  such  a  con 
would  recall  it  to  my  mind ;  I  simply  do  no 

Q.  Do  you  maUo  tho  same  qualilleatioi 
Hr.  Prescott? 

A.  Yes,  sir. 

Q.  Then  Hr.  Edison  or  Mr.  Prescott,  in 
i  of  your  ailiiirs,  would  bo  more  likely  to 
l  you ;  thoroforo  you  yield  to  their  memory 
\  tho  state  of  your  mind  ? 

337  A.  I  don’t  know  what  I  should  do  unt 
\  should  arise;  I  don’t  think  that  either  of 
\innny  tilings  to  disturb  their  memory  ns  I  li 


(Objected  to  and  withdrawn.) 

Q.  You  know  tlioro  was  soino  sort  of 
d  you  not,  existing  between  Ilnrringt 
?;ij  in  regard  to  inventions  and  imp 
•apliy  ? 

A.  I  know  thnt  Edison  had  boon  ongti 
as  then  engaged,  in  making  nppnrntiu 
r  the  use  of  tho  automatic  people;  bill 
ilntlou  to  the  automatic  concern  or  Mr. 
m’t  think  I  know. 

Q,  i  [suppose  tho  duplex  transmitter 
logmphy,  is  it  not? 

A.  1  don’t  know  any  such  thing  ns  a 

•you  mean  duplex  transmission - 

Q.  Do  not  let  you  anil  I  fence. 

A.  I  don’t  mean  to  fouco. 

0.  Take  a  duplex  maohino.  It  is  a  m 


•LUU  anew  110  was  W  innKo  Ins  duplex  bj 
)ii  over  in  his  shop,  in  Newark  1 
Jrakinjf  the  duplex  did  not  consist  in  mat 
s.  It  was  in  tlio  exploitation  of  nn  idea. 
Hut  tlio  machine  by  which  the  idea  was  ti 
nis  to  bo  made  in  his  shop,  in  Newark  1 
I  think  not. 

Was  a  single  mnohino  for  the  llrst  tlirei 
u’s  perlbriiinnce  in  your  service,  niado  in  j 
I  don’t  remember  as  to  that 
Wlion  he  said  lie  could  uinko  duplex  by 
m  think  lie  referred  to  tlio  process  by  the 
I  did  undoubtedly. 

Wd  you  over  know  a  process  to  bo  inensi 

tf  ho  could  make  so  ninny  different  coml 
'i  us  ns  to  produce  such  a  number,  ho 
uy  saying  a  bushel. 


Edison  treated  the  duple 
inly  olio  great  telegraph! 
:omntic,  and  that  the  idea 
for  so  trivial  an  iitlair  m 
invo  entered  iuto  their  mi 
Q.  ITo  simply  treated  tl 
include  in  the  duplex  systi 
matter  of  joke— the  Steal 
A.  Ho  did  seem  to  tre 
t  flair,  compared  with  aut< 
Q.  That  is,  the  Stearns 
would  bo  a  trivial  affair 
of  transmission  1 
A.  I  don’t  think  wo  d 
tints  bs  on.  but  its  vnlu 


Hearing  Eesumed. 


Q.  Supposo  you  know  the  mnn  was  still 
imubody  olao,  amt  lii.s  timo  probably  paid 
oily  olso,  ami  ho  was  working  in  another  i 
mice  thoso  baskets,  would  it  not  rniso  a  i 
liiul  whether  he  lmd  any  right  to  work  for  yt 
A.  I  didn’t  know  whether  lie  was  workin 
nil’s  shop.  It  was  my  impression  that  the  a 
msiderod  a  perfected  and  completed  thing. 
Q.  You,  then,  believed  that  the  automatic 
me,  187.'!,  an  entirely  perfected  and  complete 
A.  Well,  from  tho  manner  it  was  troated  I 
:ctcd  witli  it. 

Q.  And  you  considered  that  at  tho  timo  in 
irgnin  with  him  ! 

A.  I  don’t  think  I  did;  I  don’t  think  I  toi 
unt  at  nil. 

CJ.  What  was  tho  reason  that  you  did  not  it 
A.  because  tlioro  was  not  any  reason  why  I 
[J.  And  because  tlioro  was  no  reason  why  yo 
In’t;  and  you  kept  in  that  condition  of  mind 
I  you! 

A.  My  recollection  is  not  vorv  dist.limt  in 


itlnnntion  of  tho  cross  examination  of  Mr.  Orl 
Butler: 

ore  commencing  proceedings  Sir.  Wheeler  state 
, ended  complaint  had  been  served  on  the  rteren 
l  ore  at  liberty  either  to  answer  it,  or  to  lot  the  f 
under  the  order  previously  made. 

.  Dieter, on  stated  that  tho  plaintiff  admitted  tl 
Is  in  the  cases  lettered  A  to  II  inclusive,  wero 
stout  Onico  on  tho  20th  of  April,  1S73. 

.  lowrcy  stated  that  the  plaintiff  admitted  th 
■moot  of  August  lath,  1874,  between  1  rcscol 
m,  was  recorded  in  the  Patent  Offlco  on  tho  - 


ment  by  the  Witness: 

your  Honor  please,  I  was  asked  soverat  qncstlo 
y  which  1  was  unable  at  tho  time  to  nnswei,  a 
Inch  I  promised  to  answer  this  morning,  rmd 
mornndum  requesting  mo  to  produco  telegiams 


350  book  or  books  of  nccoimt  of  tlio  factory  and  si 
nm  now  prepared  to  say  that  not  only  will  I  i> 
books,  bat  a  witness  who  kept  the  books,  at 
tune.  1  was  inquired  of  concerning  ti  letter  of  Mr, 
myself,  I  do  not  liml  upon  the  flics  of  the  eon 
letter - 

Q.  Not  to  yourself  but  to  Mr.  Miller  » 

A.  I  do  not  find  on  tlio  files  of  the  company 
from  Mr  Murray  to  anybody.  I  was  also  inquit 
corning  the  instructions  given  to  the  counsel  of  tb 
m  respect  to  a  reply  to  be  iiuido  to  a  letter  from  Jl 
00  dated  January  »0th,  1875,  and  received,  I  think, 
ol  l-ebruary,  1875.  lbnve  since  obtained  a  c, 
letter  that  counsel  wrote  on  that  o(  cnsion  That 
Q.  Have  yon  bad  an  examination  made  of  I 
papers  of  die  Western  Union  Telegraph  Co.  as  i 
documents,  memoranda,  either  signed  by  Edisoi 
handwriting,  which  liavo  been  received  by  you  oi 
or  any  ofllcer  of  theirs  1 
A.  I  have. 

Q-  Careful  and  exact  ns  you  can. 

A.  Intended  to  bo  most  careful  and  thorough. 
31  v„t  rcs"lfc  of  l,1“t  search  tlio  product 

°r tlle  character  wl  II  l 

■A.  1  think  so. 

Q-  Is  there  any  other  which  has  not  been  prodi 
mnni-H  t,"'1  t0  answer  tliat  question;  all 

tun,0‘*  over  t0  the  counsel  of  the  con 
11,1  1,8  I  nm  aware. 

Q.  Won’t  you  know  whether  they  have  all  been 
or  not  i  You  have  seen  the  exhibits,  have  you  ! 


m  volitions  lor  tno  Uoid  and  Stock  Co. 
cm  Union  Co.,  per  tc  t 
1(1  y011  i  I  might  Imvo  Imd  convcrsntions 
ill  such  conversations, 
iliibits  which  I  now  Imnd  yon,  beginning 
low  soon  alter  yon  got  Exhibit  8,  wind 
(ly  to  treat  for  the  duplex,  etc.,”  or  ho* 
to  of  it,  did  you  got  it  ? 

•lint  f 

id  this  letter  T 

linudcd  it  to  Mr.  Miller  on  that  date;  that 
coollcction. 

fter  did  yon  seo  Mr.  Edison  ! 

(in  a  day  or  two,  or  tlirce. 
d  Mr.  Miller  that  you  were  ready  to  treat 
ind  to  consider  his  other  propositions: 
itions  had  Edison  made  to  you  then  ? 

>y  memory  what  they  were? 

lon’t  romcinbcr  what  that  phraso  refers 


.  is  directed  to  Mr.  Miller  f 
t  canto  from  Mr.  Edison ;  I  think  the  orig 
is  handwriting. 

lioro  it  enmo  from  here ;  how  did  it  gc 

nr  counsol  put  it  into  tlio  caso. 
got  into  tho  hands  of  counsel  ? 
irstniul  you. 

ant  to  know  is,  how  camo  it  into  youi 


■oil seo  that? 

iiuber  whether  X  saw  it  before  Mr.  Edison 
or  after  lie  had  sailed,  but  somowhore 
at  Edisou  went  away, 
omember  that  it  was  shown  to  yon  after 


itiou  is  not  distinct  on  that  point. 


'  . ot  Edison's  doings  lio 

ioio  bo  sailed:  Please  inform  Mr.  Orton  that  I  have 

.Z’rli’  t  f  ,1",n!'Sl'eurt  t0  with  one  exception,  and  nm 
low  iudj  to  exhibit  and  oloso  tbo  tiling  up,”  and  so  oai 

,  o  abon"  tlm"0  b0'  '  ^  '  J  '  'lro,i  10  1  woro  at  thc 

lB  somiinl10'1  1,0  about  working  played-out  wires,  and 
wl  v  „S  °m8  t0,Su™"'  Di<1  !t  »««">•  to  jmn  i  l 
raM  stw  dorVv1  "’llilil1  Wils  ,lot  to  Sor- 

A.  Ifo  «h  f  l°  5r“'111  &  00‘’  Wll°r°  nU  tl10  lU‘l,lox  "'cut ? 

oSbSv^h11*  H°'  °"’pln'Vod  by  tlm  Wostorn  Union 
7!S  18  tbeir  patont  lawyers  at  tlmt  ti.no  I 
A.  Aot  to  my  knowledge. 

Q-  no  yon  know  whether  tiioy  woro  or  not? 

,,ot  1  rt0,1’t  think  they  wero 
7  o  X  n,°  ,  'V  ll0'Vc8t0I'“  Union  Company. 

7  A  III  ill 1  Tr  T  a'Ta,|gement  bo  sent  to  thorn. 
a.  Ho  sent  to  iMr.  Sorrell. 

n.®  mi'a'1'0  8Ilu:lk8  nb0l't  working  long  circuits  and  so 


no  nunt  to  Europe,  as  yon  have  testified 
any  interview  witli  Edison  1 
l.  1  think  I  lmd. 

1.  Do  yon  know  yon  had  ? 

..  I  make  my  answer  in  wlmt  seems  to  i 
».V  decorous  manner.  I  think  I  bad  snob  an 
icdintcly  after  this. 

!•  1  want  to  got  yonr  positiveness  1 
That  is  as  positive  ns  I  dnro  to  stnto  it. 

.  Did  you  not  know  tlmt  Mr.  Edison  tried  to 
i  with  you  between  tlioso  tv  o  tu  it  i  and  conic 
iforo  loft  tbo  power  of  attorney  1 
.  I  did  not  know  anything  of  the  kind. 

.  How  soon  after  this  letter  of  April  4th,  did 
Interview  with  Mr.  Edison  ? 


110,1  me.  Umbis  another  question.  I  do  notask 
mombur  wlmt  was  tho  said  first  ia  a  conversation, 
i  to  give  tho  first  thing  you  romombor  was  said,  if 
labor  anything  ? 

rar  as  tho  language  is  concerned  I  do  not  rornern- 
ling  that  was  said  by  oitlior  party.  I  romombor 
inioo  ol  what  I  said  at  tho  conclusion  of  tho  ox* 

you  romombor  anything  tlint  lie  said  or  tho  sub. 

anytliing  ho  said  1 

sir. 

at  tho  conclusion  of  tho  experiments,  tho  only 
romombor  is  tho  substance  of  what  you  said, 
ito  it  1 

is  that  instead  of  expending  time  to  devise  pro- 
working  played-out  wires,  I  thought  it  would  bo 
nnko  the  wire  so  that  they  would  not  need  any 


Tho  Witness :  j  do  not  unden 

The  Court:  X  want  to  know 
nnd  wlmt  pnton  e  o 


A.  I  don’t  romombor  wlmt  pr 
■working  these  long  circuits,  noi 
over  took  tho  shape  of  patents,  i 
Q.  Ho  says  hero,  “  1  do  not  tl 
of  any  practical  value  so  far.  1) 
to  refer  to  tho  devices  for  workii 
A.  Yes,  sir. 

Q.  “  I  shall  not  givo  it  up  i» 
rangomenti 
A.  Yes,  sir. 

Q.  “  Tho  patents  will  bo  aliowi 
how  did  you  understand  that  f 
;iint.  “  Tlie  patents  will  be  allow, 
oforred  to  tho  pntonts  which  ho 


'  . . .  ‘"'"i  »  uihik  ho  unu  anytl 

'*•  110  «»ys,  “  Ho  may  sell  all  my  right,  til 
every  conceivable  description  iu  tho  eight  tin 
etc.”  That  is  what  ho  had  to  soil. 

A.  Mr.  Miller  did  not  ofl'or  mo  these  patcnl 
to  pay  him  for  thorn. 

Q.  You  seo  ho  lmd  something  to  soil  f 
A.  I  seo  what  is  in  tho  paper. 

Q.  You  did  not  mako  that  objection  to  buyii 
A.  Ho  offered  mo  nothing  to  sell. 

Q.  There  was  no  disputo  between  you  ? 

A.  Two  moil  who  did  not  want  to  trndo  u 
likely  to  lmvo  a  disputo. 

Q.  I  want  your  careful  attention  to  this:  fi 
yon  saw  this  letter  of  nttornoy,  of  tho  23rd  of 
down  to  the  lUtli  day  of  May,  1871,  did  you  eve 
of  writing  signed  or  written  by  T.  A.  Edison  i 
A.  1  don’t  remember  that  I  did. 

Q.  Have  you  any  remoinbnmco  of  any'  oecnsi 
any  writing  was  shown  to  you  between  those  d 
A.  I  don’t  recall  anything  of  tho  kind. 

Q.  Hnvo  you  over,  in  that  search,  been  ablo 
scrap  of  writing,  after  Edison  told  you  ho  had 
until  ho  offered  to  make  liis  bnrgin  with  l’resco 
A.  I  have  liovor  made  any  search  for  tho 
nsccrtnininc:  it. 


ing  that  period.  °"'8  with  Mr.  Edison  i 

Q-  I  now  speak  of  writing  1 
A.  1  don’t  remember. 

hte  iiidsheil  JT  ?,0",0,'y  f",ly>  80  tl,at  *»  «■ 

Alb’  'T1  "0t  00,1,0  back  "gain  niter  rcccs 

■  *  iKEES?  1  '“•*  - 

Q-  Of  any  description  i 

at,?f  ™'t,0SI 5 1  <l0lrt  romomt)er  that  any  pnpc 

M,  18JJ,  II,,  »,.t a, 
* ,  U,U  tlmt  y°"  “■*  Mr.  Edison,  or  Mr.  Edison  nn 

Q.  I  cannot  make  the  statements. 

A  Yes'  gir  S0"10  tilUU  'Vll0,‘ 1,0  s‘w  y0K  ? 

sr,ix“^r  “  *■ 


Q.  You  saw  him  in  Court  liore,  did  you  not  1 
A.  I  was  referring  to  tho  occasion  of  tho  first  timo 
him. 

Q.  Thoro  is  somo  timo  whan  you  enu  remember  am 
I  romombor  scciug  Edison  ? 

A.  Do  you  menu  fix  a  dato  ? 

Q.  Yes,  sir;  you  can  remember  when  you  saw  him 
oveningwhon  that  Times  artielo  was  written;  I  wil 
you  whether  you  saw  him  then  ! 

A.  I"  connection  with  the  writing  of  tho  Times  artii 
Q.  Did  you  see  him  at  tho  time  it  was  written  ? 

A.  I  did  not  write  tho  article,  and  I  do  not  know  ’ 
it  was  written. 

Q.  You  do  not  ? 

A.  No,  sir. 

Q.  You  have  testified  you  saw  him  ou  tho  7th  or  81 
July,  1871? 

A.  Yos,  sir;  I  did. 

Q.  Is  thoro  any  day  beforo  that  date  whou  you  can 
[  know  I  saw  Edison  on  that  certain  day  1 
A.  I  cannot  now  recall  a  day. 

Q.  Can  you  give  mo  within  a  month  any  timo  when 
am  say,  I  know  I  saw  Edison  in  tho  mouth  of  May,  or 
nonth  of  Juno,  1873,  or  tho  month  of  July,  1S73  ? 


JV.  oiiimng  on  your  assumption;  assuming  that  1 
turned  in  Juno,  I  sliould  then  say  that  I  saw  him  will 
11101,1,1  ot’  N'nt  time,  anil  had  a  conversation  with  him. 
007  Q-  Suppose  it  was  in  the  month  of  May.  then  you 
him  when  ? 

A.  In  tho  month  of  Jane ;  I  should  say  it  was  wit 
month  after  his  return. 

Q.  Will  you  state  this :  did  you  lmvo  any  convors 
with  him  within  a  month  nl'tor  ho  roturned  from  Em 
whenever  that  dato  was  ? 

A.  Yes,  sir;  I  will. 

Q.  Whore  was  it? 

A.  In  my  ofllco. 
m  Q-  Did  ho  call  on  you  ? 

A.  I  won’t  say  ho  called  on  mo,  but  ho  was  in  tho  b 
m g  and  we  mot. 

Q.  I  ihid  Mr.  Edison  tustilles  that  ho  hadn’t  nnvthin 
do  with  your  wires  after  April,  1873,  until  tl.o  mold 
tho  summer  of  1874.  (quotiiifrlio.il  pane  205  ol  I  di 
testimony.)  If  I  understand  this,  it  is,  tlmt  while  Mr. 
or  might  have  boon  asking  for  things,  Edison  denies 
ho  was  there  from  the  time  lie  got  hack  from  Europe,  i 

t  <-\|  e  o  ts  ii  1 1  s  o  t  j  in  tl.e  summer  of  ] 
alter  tills  next  letter  to  which  I  will  call  your  attention 


[Exhibit  14)  ? 

A.  I  lmvo  it,  sir. 

Q.  That  you  say  was  brought  to  yc 
20th  1 

A.  I  don’t  think  I  said  so. 

Q.  I  understood  you  so. 

A.  I  don’t  think  I  said  so. 

Q.  You  got  homo  on  tho  24th  1 

A.  Yes,  sir. 

Q.  You  got  to  tho  ofllco  on  tho  20th  1 

A.  Which  was  Tuesday ;  I  think  I  sai 
no  soon  after. 

Q.  How  long  nftor  ? 

A.  I  lmvo  no  recollection  ns  to  tho  da; 
hat  it  was  soon  after  my  roturn — wi 
lays. 

Q.  Then  you  took  it  homo  and  took  il 
ion  a  day  or  two  ? 

A.  I  don’t  know  that  I  did  a  day  or  t\i 
I'ith  tho  papers  that  I  was  constrained 
ink  of  time  to  consider  ut  my  desk. 

Q.  I  want  to  ask  you  whether  your  i 
xpeutod  ono,  or  ono  that  was  known  at 

A.  My  roturn  from  Europo  ! 

Q.  Yes,  sir. 

A.  So  far  as  tho  fact  of  my  being  on  tl 
erned,  that  was  known ;  and  I  was  met 
ml  other  trontlomon  connected  with  tho 


Q.  Ho  says,  facilities  anil  personal  help  to  t 
to  invent  them. 

A.  As  a  matter  of  fact,  tho  test  was  nu 
ivircs. 

Q.  You  ivcro  present  when  they  were  inado 

A.  No,  sir  j  not  often.  Your  question  invo 
jf  fact,  in  which  tliero  was  an  error.  It  is  only 


A.  1  thought  you  were  asking  my  construction,  not  n: 
knowledge ;  of  course,  I  don’t  know  what  lie  wanted. 

Q.  is  there  anything  clso  in  this  tlmt  shows  lie  wautc 
anything  besides  wires  to  test  these  1 
A.  Intelligent  help  was  quite  us  essential  ns  wires. 

Q.  You  mean  operators  ? 

A.  Tho  licit*  of  intelligent  men. 

Q.  Meaning  operators. 

A.  Not  necessarily  operating  mon,  but  scieutilio  Indi¬ 
an  electrician. 

Q.  lie  wanted  tho  help  of  an  electrician  1 
A.  Possibly  ho  had  applied  for  one. 

Q.  lie  was  in  charge  of  this  matter  ? 

A.  What  matter. 

Q.  Of  these  inventions? 

A.  That  is  my  impression. 

Q.  lie  applied  to  a  man  in  tho  character  of  a  superintend 
lit,  who  happened  to  bo  an  electrician  ? 

A.  Mr.  Prescott  was  not  ft  superintendent. 

Q.  Do  you  understand  that  Mr.  Prescott  lias  acceded  t< 
his  proposition  and  agreed  to  it  ? 

A.  When  ho  handed  this  paper  to  me. 

Q.  Yes, sir? 

A.  No,  sir. 

Q.  Did  you  understand  that  lie  hadn’t  ? 

A.  I  did  understand  that  ho  hadn’t. 

Q.  You  instructed  him  to  not  neoedo  to  it,  ns  Mr.  Edison 
as  trieky,  until  after  a  woll  prepared  partnership  agree. 
>cnt  was  made? 

A.  If  you  will  sepaiato  your  question,  I  will  answer  them 


Q.  Advice  then  1 

A.  Nor  did  I  sny  anything  tlint  implied  that,  in  my  opin¬ 
ion,  that  Mr.  Edison  was  tricky. 

Q.  You  had  been  informed  tlint  ho  was  tricky? 

A.  I  stilted  to  you  tlint  I  had  boon  so  informed:  somo 
charge  of  that  kind  had  boon  mndo. 

Q.  Yon  repeated  it  for  the  guidance  of  your  people? 

A.  I  also  stated  that  I  did  not  boliovo  it;  I  certainly  diil 
not  act  upon  it  in  my  intercourse  with  Mr.  Edison  for  a 
period  of  two  years. 

Q.  On  account  of  your  information,  that  lie  had  been 
tricky,  you  thought  ho  had  better  Imvo  a  carefully  pre¬ 
pared  partnership  agreement  drawn  before  ho  did  anything 
■with  him. 

The  Court  .•  Was  the  word  irichj  used  ? 


Q.  I  desire  now  to  ask  you  if  you  did  not  state  to  him 
that  on  account  of  the  unreliability ;  I  am  not  dealing  with 
words,  but  with  thought  and  substance— or  on  some  nc- 
count  which  you  stated  to  your  subordinate,  it  was  best 
that  ho  should  havo  nothing  to  do  with  Edison  until  a  care- 
tully  prepnred  partnership  agreement  was  drawn  V 
A.  I  certainly  did  not  say  anything  to  him  in  that  form, 

or  that  convoys  that  idea;  if  you  will  allow  me - 

Q.  As  wo  havo  not  the  copy  hero,  I  will  take  your  state¬ 
ment  of  wlmt  yon  said  to  Mr.  Prescott,  after  you  brought 
Jack  the  paper  to  him? 

A.  'When  I  wns  examined  on  tlint  point  I  did  not  recall 
this  remark  ofmino  to  Mr.  Pacscott,  but  I  wns  pressed  very 
much  by  counsel  to  remember  everything  that  pnssed  bo- 
ween  Mr.  Prescott  and  mvsntr  „„  . . . ,1 


8  should  have  a  carefully  prepared  contract;  did  you  no 
B  use  tlioso  very  words  ? 

A.  Perhups  I  did. 

Q.  Did  you  not  i 

A.  I  don’t  remember  what  I  said  the  other  day  ns  to  nl! 
the  words.  I  did  remembor  that  I  did  not  use  thoworil 
"  trioky,”  because  tlint  was  not  the  idea  in  my  miud. 

Q.  Unreliable  1 

A.  Unreliable. 

Q.  Unreliable  pecuniarily  ? 

A.  I  don’t  know  that  ho  is  unreliable  pecuniarily.  I  do 
not  sny  tlint  ho  is  unreliable  in  nay  aspect. 

Q.  Did  you  not  tell  him,  until  that  was  done  ho  had  hot¬ 
ter  not  havo  anything  to  do  with  him  ? 

A.  I  did  not. 

Q.  What  is  the  next  you  said  J 

A.  I  don’t  remember. 

Q.  Try  and  remembor  anything  that  you  did  say  1 

A.  I  stated  all  that  I  could  remember  the  other  day. 

Q-  Pardon  me ;  stato  it  again  ? 

A.  I  gave  my  assent.  Mr.  Prescott  had  asked  nip 
whon  ho  gave  mo  this  paper,' my  opinion  ns  to  tlio  pro¬ 
priety  of  his  accepting  this  proposition.  ' 

Q.  Did  you  givo  your  assent  that  ho  should  do  it  until  ho 
got  that  carefully-prepared  agreement  ? 

A.-  There  wns  no  conditions  whatever  in  my  nnswor  to 
Prescott.  I  handed  him  tlio  paper,  anil  said  I  saw  no  rea¬ 
son  why  lie  should  not  accept  it.  There  were  no  condi¬ 
tions  attached  to  it.  Incidentally,  I  suggested  to  him  that 
lie  had  better  havo  a  contract  drawn. 

The  Court:  Wlmt  wns  said  ns  to  the  reason  ? 

A.  It  lmd  been  represented  to  me,  or  there  had  been  a 
rumor  or  a  hint,  or  something  of  that  kind,  that  Edison  was 
not  very  reliable.  ' 


A.  I  didn’t  do  anything  of  tiio  kind. 

Q.  Nothing  like  that  in  substance? 

A.  X  gave  no  instructions  on  the  subject. 

Q.  Advico  tlien  ? 

A.  Nor  did  I  say  anything  that  implied  that,  in  my  opin- 
ion,  that  Mr.  Edison  was  tricky. 

Q.  You  lmd  been  informed  that  ho  was  tricky? 

A.  I  stated  to  you  tlmt  I  had  been  so  informed;  somo 
charge  of  that  kind  lmd  been  made. 

Q.  You  repeated  it  for  tiio  guidance  of  your  people? 

A.  I  also  stated  that  I  did  not  boiiovo  it;  I  certainly  did 
not  act  upon  it  in  my  intercourse  with  Mr.  Edison  fora 
period  of  two  years. 

Q.  On  account  of  your  information,  that  ho  lmd  been 
tricky,  you  thought  ho  lmd  better  have  a  carefully  pre¬ 
pared  partnership  agreement  drawn  boforoho  did  anything 
■with  him. 

m  Court ;  Was  the  word  Moby  used  ? 
«urrf»]Xnmilmti0"  “  WnS  f0"IUl  tlmt  1,10  W01'(1  wns 

Q.  I  desire  now  to  ask  you  if  you  did  not  stato  to  him 
that  on  account  of  tiio  unreliability ;  I  am  not  dealing  with 
words,  blit  with  thought  and  substnneo— or  on  somo  ac¬ 
count  which  you  stated  to  your  subordinate,  it  was  best 
mt  ho  should  have  nothing  to  do  with  Edison  until  a  enro- 
iully  prepared  partnership  agreement  was  drawn  ? 

A-  I  certainly  did  not  say  anything  to  him  in  that  form, 

ir  that  convoys  that  idea;  if  you  will  allow  me _ 

Q.  As  wo  have  not  the  copy  hero,  I  will  take  your  state- 
°f  Wlmfc  y°“  s.ai(l  to  Mr.  Prescott,  after  you  brought 
Kick  the  paper  to  him? 

A.  When  I  was  examined  on  that  point  I  did  not  recall 
his  remark  ol  mine  to  Mr.  Pjcscott,  but  I  was  pressed  very 
wee  M,.CTSe‘  PC,,1*",bcl'  ovcrJ'thlng  that  passed  bo- 

.  rescott  aud  mysolf  on  that  occasion;  and  | 


nun,  "  ion  lmd  bettor  have  the  contract  put  iu  writing  inn 
duly  executed.” 

!  Q.  Did  you  not  say  to  him  hero  that  you  thought  h 
should  have  a  carefully  prepared  contract;  did  you  no 
nso  those  very  words  ? 

A.  Perhaps  I  did, 

Q.  Did  you  not? 

A.  I  don’t  remember  wlmt  I  said  the  other  day  ns  to  al 
tho  words.  I  did  romombor  that  I  did  not  use  the  wort 
“  tricky,”  because  that  was  not  tho  idea  in  my  mind. 

Q.  Unreliable! 

A.  Unreliable. 

Q.  Unreliable  pecuniarily  ? 

A.  X  don’t  know  that  bo  is  unreliable  pecuniarily.  I  d< 
not  say  that  lie  is  unreliable  iu  any  aspect. 

Q.  Did  you  uot  toll  him,  until  that  was  dono  ho  had  bet 
tor  uot  have  anything  to  do  with  him ! 

A.  X  did  uot. 

Q.  What  is  tho  next  you  said ! 

A.  X  don’t  remember. 

Q.  Try  and  remember  anything  that  you  did  say ! 

A.  I  stated  all  that  X  could  remember  tho  other  day. 

Q.  Pardon  mo ;  state  it  again  1 

A.  I  gave  my  assent.  Mr.  Prescott  lmd  asked  me 
when  ho  gave  mo  this  paper,'  my  opinion  as  to  the  pro¬ 
priety  of  his  accepting  this  proposition.  • 

Q.  Did  you  givo  your  assent  that  ho  should  do  it  until  ho 
got  that  carefully-prepared  agreement  ? 

A.-  There  was  no  conditions  whatever  in  my  answer  to 
Prescott.  I  handed  him  tiio  paper,  and  said  I  snw  no  rea¬ 
son  why  he  should  not  accept  it.  There  were  no  condi¬ 
tions  attached  to  it  Incidentally,  I  suggestod  to  him  that 
he  lmd  better  have  a  contract  drawn. 

The  Churl:  Wlmt  was  said  as  to  tho  reason  ?  ■ 

A.  It  had  been  represented  to  me,  or  there  lmd  been  a 
rumor  or  a  hint,  or  something  of  that  kind,  that  Edison  was 
not  very  reliable.  .  „ 

-  a  Unreliable  as  to  his  contracts,  as  I  remember  it  t 


3  A.  The  evidence  will  sponk  for  itself;  I  don’t  remember 
distinctly. 

Q.  Do  you  remember  now  ? 

A.  I  think  I  used  the  word  "  unreliable." 

Q.  In  his  contracts? 

A.  I  don't  remember  ns  to  that. 

Q.  Do  you  now  remember  thnttho  word  "contract”  was 
used? 

A.  I  do  not. 

Q.  You  don’t  know  whether  it  was  or  was  not? 

A.  No,  sir. 

Q.  Now,  if  you  please,  that  caution  of  yours  was  kindly 
meant  to  prevent  hint  going  into  operation  with  a  mnn 
thnt  might  bo  unreliable  until  lie  was  thoroughly  bound? 
A.  It  wns  kindly  meant,  I  am  sure. 

Q.  Dor  that  purpose  ? 

A.  It  was  for  the  purposo  of  suggesting  that  he  had 
bettor  havo  this  reduced  to  writing  and  oxccuted. 

J ™  *ou  to11  lLe  Cou«  that  after  you  returned  on  the 
b!  tfpnyl,P  t0J'°  dnt0  "'llon  Son  handed  this  paper 
—  bauk  t0  Prescott,  Edison  had  made  a  single  experiment  on 
your  wires— that  you  know  that  lie  had  ? 

A.  I  hadn’t  boon  in  tho  experimenting  room  to  see 
Q.  I  didn't  ask  you  tho  reason  why  you  don’t  know;  I 
ask  you  whether  you  know  ? 

A.  I  boliovo  that 'ho  lmd. 

Q.  Do  you  know  that  he  had  ? 

rent  1  'To  "l,Td-V  Si'id  1  Waa  I10t  iu  ‘ho  experimental 
room  and,  therefore,  I  had  not  that  kind  of  knowledge 
winch  comes  from  personal  observation. 

Q.  Will  you  say  that  he  had  told  you  ho  did  ? 

A.  I  don  t  remember  thnt  he  had  told  me 

himyoudon?k„Powr’Ul  ”  i,’f°rmatioB  £r0m 

MrA;J.  do,,’t  [en;ember.  Within  a  few  days  of  my  return 

not  undertake  to  say."10’  bUt  ^  1  d° 

.lll“lt  dat°,  Wh0n  y°u  fiavo  tho  paper  to  Hr. 
Prescott  up  .to  the  10th  of  June,  that  Mr  Edison  was  mak¬ 


ing  experiments  in  your  offico  or  over  your  wires,  of  your 
own  knowledge  ? 

[  A.  I  think  ho  was. 

Q.  I  am  asking  of  your  own  knowledge? 

A.  I  cannot  fix  tho  dato  of  tho  occasion  when  I  wns  in 
the  experimental  room  with  Mr.  Edison  on  this  subject; 
whether  it  wns  beforo  tho  19th  of  Juno  or  after  tho  8th  of 
July,I  don’t  know,  but  I  strongly  inclino  to  tho  belief  thnt 
it  was  before,  and  ho  was  notunlly  mnking  tho  experiments 
at  that  timo. 

Q-  I  am  not  asking  what  you  nro  inclined  to  bolievo,  I 
ask  you  whether  you  havo  any  knowledge  or  momory  ? 

A.  I  am  relying  on  my  momory,  and  my  memory  is  that 
he  wns,  but  if  Mr.  Edison  should  distinctly  say  that  ho  waB 
not,  I  should  considor  thnt  my  momory  was  at  fault  ou 
thnt  point. 

Q.  Do  you  romomber  whether  between  tho  10th  of  Juno 
and  tho  8th  of  July  you  know  anything  of  his  having  made 
experiments  of  your  own  knowledge? 

A.  Yes,  sir. 

Q.  What  wns  it? 

A.  I  fix  tho  dato  of  tho  8th  or  0th  or  10th  of  July  ? 

Q.  I  say  proviounly  to  tho  10th  of  July,  botwoon  tho  8th 
of  July,  tho  day’  before  tho  contract,  and  tho  19th  of  Juno, 
which  wns  tho  last  rest  thnt  I  made  in  roferonco  to  this ; 
do  you  know  thnt  he  did? 

A.  Yes,  sir;  I  fix  tho  timo,  not  by  tho  matter  of  tho  con¬ 
tract,  because  I  lmvo  no  recollection  ns  to  tho  dato  of  thnt, 
but  by  tho  experiments  in  tho  presence  of  a  Times  reporter, 
which  led  to  the  publication  of  on  nrlicle  in  tho  Times. 

Q.  That  was  tho  night  of  tho  9th  ? 

A.  Tho  occasion  that  I  wns  in  tho  experimenting  room 
wns  not  at  night,  but  in  tho  nfiornoon  ;  and  I  had  know¬ 
ledge  that  tho  exhibition  was  being  made  to  a  roportor, 
who  was  to  writo  an  articlo ;  Mrs.  Edison  was  tlioro. 

Q.  Tho  date  is  fixed  as  tho  0th.  Between  tho  19th  of 
Juno  and  thnt  timo,  do  you  remember  thnt  any  experiments 
were  being  mado,  of  your  own  knowledge  ? 

A.  I  was  absent  from  Now  York  until  tho  morning  of 
tho  7th  of  July. 


938  Q-  You  stated  yesterday,  without  qualification,  that  you 
know,  as  I  find  from  my  report,  that  for  sovoral  months 
prior  to  the  8th  of  July  experiments  had  been  going  on  in 
the  Western  Union  Telegraph  shop  by  Edison.  Do  you 
know  that  now? 

A.  That  is  my  impression  ;  that  is  my  memory. 

Q.  Have  you  any  other  memory  than  what  you  huvo 
just  given  me? 

A.  I  hnvo  nono  but  my  own ;  that  is  the  best  I  have. 

Q.  Eavo  you  any  other  memory  on  this  matter,  except 

939  that  which  you  hnvo  just  given  mo? 

A.  I  hnvo  nothing  elso. 

Q.  Of  your  own  knowledge  will  you  state  that  you 
know  ns  a  matter  of  momory  botwoon  the  20th  of  May, 
when  you  first  got  this,  and  the  7th  day  of  July  when  you 
returned  homo,  having  been  absent  from  the  19th  of  Juno 
until  that  day,  you  know  experiments  wore  going  on  on 
that  wire  in  tho  Western  Union  odloo— your  own  know¬ 
ledge;  not  your  belief  or  ideas  or  inclination  or  impression, 
or  what  you  learnod  sineo  ? 

■  940  A.  That  involves  rathor  n  motaphysical  dissection  of  a 
man’s  memory ;  reason  comes  in  to  support  momory ;  tables, 
batteries,  and  apparatus  can  hardly  bo  produced  in  a  night 
I  returned  from  Chicago  on  the  7th  of  July ;  X  have  Just 
stated  that  I  witnsssed  experiments  in  tho  experimental 
room,  whore  thcro  was  an  oxtonsivo  equipment  of  apparatus 
on  tho  8th  or  9th,  in  tho  presanoo  of  a  rimes’  reporter; 

I  boliovo  that  was'  in  operation  in  Juno,  before  I  wont 
away. 

Q.  Pardon  mo ;  I  ask  you  of  your  own  knowledge,  and 
941  I  want  your  answer  on  your  oath  ? 

A.  I  do  not  think  that  is  necessary ;  I  am  on  my  oath 
all  the  tiino. 

.  Q.  Did  you  know  ? 

A.  I  believe. 

Q.  I  did  not  ask  you  that  ?  I 

A.  1  believo  that  I  know.  j 

lhc  Court:  Tho  question  toads  to  inquire  whether  you 

witnessed  any  such  experiments?  ‘  ; 

A.  I  think  I  did.  .  ■  j 


Q.  Have  you  any  momory  on  that  matter?  942 

A.  Woll,  tho  wholo  of  this  is  a  matter  of  momory ;  I 
am  trying  my  best  to  mako  my  memory  reproduce  the 

Q.  Now,  do  you  swear  that  you  have  a  memory  upon 
that? 

A.  I  cannot  swear  that  I  remember  positively  that  on 
any  particular  day  in  Juno  I  saw  theso  experiments. 

Q.  I  didn’t  ask  you  that. 

The  Court:  Lcavo  out  tho  words,  "on  any  particular  948 
day,"  and  stnto  how  it  is? 

A.  To  the  best  of  my  recollection  I  did. 

Q.  It  may  bo  tho  best  when  you  Imvo  not  any. 

A  I  desire  to  make  my  answers  responsivo  to  your  ques¬ 
tions. 

Q.  I  put  this  question  now  distinctly  so  that  wo  shall 
have  nb  mistake.  Hnvo  you  any  memory  that  any  experi¬ 
ment  was,  to  your  knowledge,  made  by  Thomas  A.  Edison 
on  the  Wcstorn  Union  wire,  betweon  tho  26th  of  May  and 
tho  7th  of  July  ?  944 

A.  I  cannot  answor  that  any  more  definitely  than  I  hnvo 
already  done. 

Q.  Very  well ;  thon  I  must  pass  from  it. 

A.  I  linvo  dono  my  best. 

Q.  Supposo  Mr.  Edison  lmd  had  his  machinery  and  ap¬ 
paratus  all  ready  fitted  up  and  working,  oxoopt  to  attach  it 
to  a  wire,  how  long  would  it  take  todo  that  in  yourjudg- 

A.  Do  you  moan  ready  to  work,  except  the  attachment  ^ 
to  a  lino  wire  ?  , 

Q.  Yes,  sir.  Ho  had  made  it  all  perfect  in  his  shop  at 
Newark,  or  in  your  shop,  and  had  it  all  ready  to  put  up 
and  attach  it  to  a  line  wire.  How  long  would  it  tako  ? 

A.  To  take  to  put  it  up  and  attach,  and  to  mako  the 
attachment? 

Q.  To  tako  and  bring  it  from  tho  shop  wlioro  it  was,  put 
it  in  attachment  to  tho  wires,  so  thatit  could  bo  worked  ex¬ 
perimentally? 

A.  I  don’t  know ;  it  would  depond  on  various  conditions ; 


948  I  certainly  tliinlc  it  could  be  done  within  throe  or  four  days 
Q.  It  might  bo  done  in  much  less  timo  ? 

A.  If  all  the  conditions  and  surroundings  wero  favorablo 
the  preparations  of  a  battery  is  n  necessary  condition  ;  if  tin 
batteries  were  all  prepared  in  advance,  so  that  it  involved 
only  the  connection  of  a  wiro,  that  could  bo  done  in  fivo 
minutes. 

Q.  Your  batteries  would  generally  be  in  ordor? 

A.  These  experiments  required  special  batteries  so  as  not 
to  interfere  with  the  current  work. 

947  Q.  They  could  bo  all  ready  to  bo  attached  at  nnv 
moment? 

A.  If  thoy  had  boon  arranged  previously  j  I  know  that 
special  batteries  were  provided  for  those  experiments  on 
the  premises  of  the  experimental  rooms. 

Q.  For  how  long? 

A.  I  don’t  know. 

Q.  For  months  ? 

A.  I  don’t  know. 

Q.  When  did  you  know  it  ? 

48  A.  I  remember  the  batteries  being  there  on  the  occasion 
of  this  exhibition,  in  the  presence  of  the  Tima  reporter! 
how  long  before  that  I  don’t  know. 

Q.  Did  you  see  that  article  before  it  waa  written  :  before 
it  was  published  ? 

A.  No,  sir. 

Q.  Did  you  hoar  it  rend  ? 

A.  I  think  not. 

Q.  Are  you  sure.  Was  it  not  read  to  you  in  the  pre¬ 
sence  of  Mr.  Edison?  J  " 

19  A.  It  may  have  boon,  but  I  don’t  remember  it. 

Q.  Do  you  remember  whether  it  was  or  not? 

A.  I  don’t  remember;  that  is  my  best  answer. 

Q.  You  don’t  know  whether  it  was  or  not  ? 

A.  I  don’t  remember  whether  it  was  or  not ;  I  don’t  re¬ 
member  what  the  article  was. 

Q.  You  read  it,  did  you  not  ? 

A.  Undoubtedly. 

Q.  You  know  what  it.  who  ■> 


281 


A.  I  do  not  say  because  I  remember  the  fact  when  I  read  ggq 
it 

Q.  You  remember  you  did  read  it? 

A.  I  liavo  an  impression. 

Q.  Tho  article  describes  the  result  of  the  test,  among 
other  things.  Did  you  regard  it  as  it  is  there  stated  1 

Mr.  Lowrey :  What  is  the  pertinency  of  this,  and  how  long 
shall  the  examination  continuo? 

The  Court:  I  think  there  may  be  a  legitimnto  object  in 
tho  courso  of  tho  inquiry.  I  do  not  deem  it  necessary  to  ggj 
intorforo  with  tho  cross-oxamination  unless  the  privilege  is 
abused. 


A.  I  did  not  write  tho  article ;  I  have  not  considered 
that  question. 

Q.  Did  you  consider  it  so  at  tho  timo  ? 

A.  I  don’t  remember  what  my  judgment  on  that  subject 
was  at  tho  time. 

Q.  “Tho  test  resulted  successfully,  and  it  proved  that 
four  messages  could  be  simultaneously  sent  over  one  wire.’’ 

Do  you  agree  to  that  description  of  tho  test  ?  052 

A.  I  didn’t  sco  tho  test ;  electricity  is  invisible.  You 
cannot  see  thoso  tests.  What  have  I  got  to  do  with  that 
paper?  I  did  not  write  it;  Ido  not  know  whether  it  ex¬ 
presses  my  views  or  not. 

Q.  You  have  simply  to  give  now  your  honest  judgment 
and  remombrnneo  about  it ;  I  want  to  know  that  fact? 

A.  What  fact? 

Q.  This :  "  Tho  test  resulted  successfully,  and  it  proved 
that  four  messages  can  bo  simultaneously  sent  over  ono 
wire?"  958 

A.  That  statement  is  truo  now,  but  really,  I  didn’t  know 
whether  it  was  true  then  or  not 

Q.  Didn't  you  understand  it  to  be  true  ? 

A.  I  think  it  was  a  little  flowery  by  tho  light  I  now 
have. 

Q.  That  “little  flowery  "  comes  from  what  has  happened 
'  A.  It  has  been  improved  npon  Bince. 


238 


954  Court:  You  mean  you  tliink  it  was  a  little  oxaggc- 
rated? 

A.  A  little  highly  colored  j  a  little  overstated.  AH 
these  things  have  boon  done,  and  are  being  done  to-day. 

Q.  “  Two  days  ago  was  taken  tho  third  great  step,  and  one 
not  inferior  to  cither  of  tho  others.  It  needs  only  to  be 
said  of  it  to  recommend  it  to  the  least  scientific,  that  in  ono 
instnuco  it  will  quadruple  tho  capacity  of  176,000  miles  of 
wire."  Did  you  understand  that  to  he  truo  then  when  you 

955  saw  it? 

A.  Which  part  of  it? 

Q.  Tho  whole  of  it? 

A.  You  want  my  opinion  as  to  tho  fnithfulness  with 
which  this  roportor  did  his  work  ? 

Q.  No,  sir.  Did  you  understand  that  to  bo  truo  then,  or 
falso  ? 

A.  I  understood  it  to  bo  generally  true. 

Q.  I  call  your  attention  to  tho  portion  between  tho  brack¬ 
ets,  that  I  have  marked. 

966  A.  Tho  first  statement  is,  “two  days  ago  was  taken  n 
third  great  stop,  and  ono  not  inferior  to  either  of  the  others," 
what  particular  stop  was  taken  two  days  ago  I  liavo  no 
opinion  upon. 

Q.  Go  on. 

A.  “It  needs  only  to  ho  said  of  it,  to  recommend  it  to 
tho  least  scientific  that  in  one  instnneo  it  will  quadruple  tho 
usefulness  of  tho  175;000  miles  of  wiro  owned  by  the  West¬ 
ern  Union  Tolegraph  Company."  That  was  overstated,  ho- 
cause  that  was  three  years  ago,  and  they  have  not  all  heen 
quadruplox  yot. 

Q.  "  It  is  a  new  process  of  multiple  transmission  by  which 
two  messages  can  ho  sent  simultaneously,  in  the  same  direc¬ 
tion,  over  tho  samo  wiro.  A  short  message  can  bo  dropped 
at  any  way  station  on  the  circuit." 

A.  That  is  truo.  It  is  capable  of  quadrupling  to  tho 
extent  towhich  it  has  been  applied,  and  more— considerably 
more ;  it  docs  more  than  quadruplex  the  usefulness  on  tho 
wire. 

Q.  “  Nor  iB  this  all  The  old  duplex  system  can  be  ap¬ 


plied  to  the  new  invention,  and  by  the  combination  the  four  958 
messages  can  bo  sent  simultaneously  over  tho  same  wiro,  in 
opposito  directions,  between  any  two  terminal  points,  and 
not  the  least  recommendation  of  tho  discovery  is  that  it  calls 
for  no  changes ;  tho  old  Morse  key  is  used  without  the  need 
of  any  now  class  of  operators  (as  in  tho  automatic  telegraph), 
no  duplication  except  as  to  tho  parts  of  tho  machinery." 

That  was  so,  wasn't  it? 

A.  Substantially  so.  yes,  sir.  It  requires  some  now  ap¬ 
paratus  added  to  it  to  bo  used  in  connection  with  tho  or¬ 
dinary  Morse  apparatus.  959 

Q.  "  Tho  invention  is  the  result  of  tho  joint  labors  of 
Messrs.  Georgo  B,  Prescott  and  Thomas  A.  Edison."  Was 
that  true  ? 

A.  I  think  it  was. 

Q.  Wlmt  makes  you  think  it  was  ? 

A.  I  think  that  Mr.  Prescott  and  Mr.  Edison  had  both 
contributed  to  tho  success  of  this  experiment. 

Q.  As  joint  inventors  ? 

A.  I  don’t  romembor  that  it  says  joint  inventors. 

Q.  Tho  words  are,  11  tho  invention  is  tho  result  of  tho  960 
joint  labors  ?  ” 

The  Court:  Tho  inquiry  is  what  makes  you  think  it  was 
tho  result  of  thoir  joint  labors  ? 

A.  Because  these  two  men,  so  far  ns  I  know,  had  been  en¬ 
gaged  in  tho  development  of  it 
Q.  "  And  if  not  scientifically  at  least  practically  a  great 
deal  of  credit  is  nlso  duo  to  tho  enterprising  policy  of  Mr. 
William  Orton,  the  President  of  the  Company."  I  will  not 
ask  you  about  that  I  will  say  it  is  truo  myself  ?  961 

A.  Don't  do  so,  please. 

Q.  Of  course  it  is  needless  to  add  that  tho  new  system 
will  ho  speedily  put  in  practice  by  tho  Western  Union  Co., 
by  whom  tho  pntont  is  controlled  ?  " 

A.  That  appeal's  to  have  been  a  mistake. 

Q.  Do  not  laugh  or  joko  under  oath,  if  you  please? 

A.  I  beg  your  pardon,  my  answer  to  the  question  is,  I 
supposo  it  to  bo  controlled  by  them. 


Q.  “  It  will  make  itself  felt  ir 


10 ;  for 


instance,  the  Western  Union  Tel.  Co.  have  been  forced  to 
erect  00,000  miles  of  wire  during  tlio  last  three  years,  and 
of  course  at  an  immense  expense.  An  indefinite  future 
like  this  could  not  bo  very  satisfactory  to  tlio  stockholder. 
But  with  this,  scarcely  2,000  milies  need  to  bo  erected  and 
every  wire  is  practically  four.  But,  without  further  enlarge¬ 
ment,  and  almost  in  tlio  words  of  Mr.  Orton,  tlio  discovery 
may  be  called  tlio  solution  of  all  difficulties  in  the  future  of 
telegraphic  science."  Were  those  your  words  or  almost  your 

96S  words?  J 

A.  I  don't  remember  whothor  tlioy  woro  or  not. 

Q.  Bid  thoy  fairly  represent  your  viows? 

A.  I  had  very  exalted  ideas  of  tho  valuo  of  tlio  inven¬ 
tion  at  tho  time,  and  thoy  have  not  grown  any  less. 

■  Q.  Now,  sir,  I  dcsiro  to  ask  you  whether  that  was  not 
written  in  tho  office  of  tho  Western  Union  Tel.  Co.,  and 
whothor  it  was  not  submitted  to  you  and  to  Mr.  Edison  for 
examination  ? 

A.  I  don’t  know  whore  it  was  writton.  I  had  nothing  to 

964  do  with  it  It  was  shown  to  mo  before  it  was  published, 
I  think. 

Q.  Have  you  such  a  momory  as  to  say  it  was  or  was  not? 

A.  I  could  not  sny  it  was  not  or  thnt  it  was,  for  tho  aim- 
plo  reason  that  I  am  not  able  to  remember. 

Q.  Who  sent  it  to  tho  press  ? 

A.  That  I  don't  know. 

Q.  Who  invited  you  to  bo  present  at  tho  experiment  in 
your  office  to  test  it  ? 

A.  I  don't  remembor. 

nB_  tl'ore?  tho  Times  reporter  wo  have  heard. 

965  Was  Mr.  Edison  there? 

A.  It  was  my  impression  that  Mr.  Edison,  Mr.  Prescott 
and  the  Time  reporter,  and  possibly  somebody  else  was 
about  tho  building,  but  I  don’t  reinembor. 

Q.  And  yourself? 

A.  Yes. 

Q.  That  is  all  you  now  remember  that  i 

A.  There  may  have  been  more. 

Q.  Tbat-is  all  you  remember  ? 


re  present  ? 


A.  Yes.  £ 

Q.  Was  this  copied  substantially  in  tho  Journal  of  Tele¬ 
graphy  f 

A.  I  don't  remember  that. 

Q.  Was  there  anything  done  by  you,  or  by  your  direc¬ 
tion,  to  prevent  any  wrong  impression  being  published  in 
regard  to  tho  invention  ? 

A.  I  think  not. 

Q.  Look  at  Exhibits  15  and  15a,  and  look  at  Exhibit  15a 
first ;  can  you  toll  when  you  first  saw  that  ? 

A.  I  cannot.  9 

Q.  Within  months  ? 

A.  Not  within  months,  no,  sir. 

Q.  Turn  back  to  Exhibit  15,  can  you  tell  within  months 
when  you  first  saw  that? 

A.  I  cannot. 

Q.  Is  tlioro  a  reason  why  that  should  bo  put  in  its  order 
alter  September  80th,  rather  than  before  ? 

A.  Nono  to  mo ;  I  had  nothing  to  do  with  tho  arrange¬ 
ment. 

Q.  When  do  you  romomber  first  to  have  seen  thorn  ? 

A.  Tho  original  of  theso  papers  ?  9 

Q.  Yes. 

A  I  cannot  fix  tho  date  by  anything  in  my  memory, 
oxoept  by  reasoning  about  it. 

Q.  You  reason  from  tho  context  that  thoy  would  be 
likely  to  have  been  writton  at  such  a  time,  I  suppose  ? 

A.  Within  n  certain  year. 

Q.  But  that  is  by  reason  ? 

A.  It  is  largely  reasoning  ;  I  cannot  do  better  than  that 

Q.  You  have  no  momory  ? 

A.  I  don’t  want  to  admit  that  I  liavo  no  momory ;  but  9l 
my  memory  docs  not  fix  tho  time  definitely. 

Q.  I  will  take  your  reasoning  on  this  subject  a  little,  and 
tho  first  thing  is,  don’t  you  think  thnt  16a  should  come 
before  15  ?  Please  examine  them  carefully.  (Witness  ex¬ 
amines  papers.) 

A.  Thnt  scorns  to  bo  nn  inference,  and  yet  the  contrary 
could  bo  established,  it  seems  to  mo,  from  them. 

Q.  Now,  look  at  Exhibit  A  once  moro.  Mr.  Edison 


070  says  tlioro,  "  my  sliop  is  so  full  of  non-paying  work  that  I 
should  liko  to  saddlo  this  on  tho  W.  U.  shop  where  they 
arc  usod  to  it."  Ho  was  evidently  working  in  his  own 
shop  then,  wasn’t  ho  ? 

A.  Ho  was  evidently  carrying  on  n  shop. 

Q.  Working  this  matter  in  his  own  shop,  was  ho  not, 
and  ho  wanted  to  got  rid  of  this  partioular  work.  If  yon 
turn  back  to  Exhibit  15  you  will  seo  tho  two  together, 
“  working  in  shop  two  messages  in  tho  snmo  direction,  otc. 
I  want  tho  loan  ofthreo  duplexes,  sounders  and  ono  Phelps 
071  relay  for  a  week." 

A.  It  would  not  bo  a  violent  presumption  that  they  wero 
both  producod  togothcr.  ' 

Q.  Soon  nftor — ono  after  tho  othor  7 
A.  Or,  porhaps,  ovon  both  togothor.  His  saying,  "My 
shop  is  so  full  of  non-paying  work,"  implies  that  it  is  neces¬ 
sary  that  somo  work  should  bo  dono  in  ordor  to  successfully 
oxploit  his  idoa,  and  that  ho  would  liko  to  hnvo  tho  West¬ 
ern  Union  undertake  that  work. 

Q.  Can  you  say,  from  your  memory,  whether  those  wero 
072  rccoived  at  your  offlee,  or  did  tlioy  go  to  Mr.  Prescott? 

A.  I  have  certainly  seen  them  beforo. 

Q.  When  did  you  first  seo  thorn  ? 

A.  I  cannot  romotnber. 

Q.  When  is  tho  first  time  you  remember  seeing  them  ? 

A.  I  cannot  remember  that;  that  is  back  ortho  propara- 
tion  of  this  ease.  1  1 

Q.  You  have  no  means  of  fixing  the  date,  except  reason- 
ing  from  the  contents. 

A.  Yes;  I  hnvo  somo  other  means  in  my  own  mind 
078  Q-  By  reasoning? 

9)!°Uld  ronaon  from  other  H'ings  than  those, 
ft  .  Sutler  calls  tho  attention  of  tho  Court  to  tho  fact  that 

ofExhi VtlT  Pr!nl0j  th°  P°"0il  mcm°r«ndum  on  tho  back 
of  Exhibit  15,  and  states  that  it  should  be  stricken  out 

Ur.  Lowrey:  It  will  bo  stricken  out  from  tho  proof 

No^n  t0  J°U’ in  11,0  first  about  Exhibit 
•  u.  Uo  you  know  about  whon  you  first  bsw  that? 


287 

A.  I  don’t  romombor  ovor  to  hnvo  seen  it  beforo.  974 

Q.  You  cannot  locato  it  at  nil  ? 

A.  No.  sir. 

Q.  Now,  take  Exhibit  21.  It  is  evident  that  you  saw 
that  on  tho  10th  of  September,  187-1  ? 

A.  Yes. 

Q.  What  wero  thoso  six  relays,  oto..  therein  mentioned  • 
for.  Wero  tlioy  not  for  qundruplox  instruments  for  com- 
ploto  sets? 

A.  That  would  bo  a  mero  inforenoo.  I  do  not  know  of 
my  own  know-logo  nor  of  my  scientific  skill  whether  tlioy  075 
wore  or  not;  it  is  an  inforonco.  .’ 

Q.  Hnvo  you  any  doubt  in  your  own  mind  that  thoy 
wero  for  complete  sets  of  qundruplox  ? 

Vie  Court :  That  is  in  evidence  and  has  boon  provod. 

A.  Ihavo  an  impression,  but,  as  I  hnvo  told  you,  I  am  not 
an  expert  in  these  matters. 

Q.  You  say  in  your  pencil  memorandum  that  you  will 
put  tho  speed  into  them  afterwards? 

A.  I  may  have  known  at  that  time,  that  what  it  was  975 
about,  but  that  does  not  rceall  it  to  my  mind  now. 

Q.  You  bclievo  from  your  examination  of  that  papor, 
that  thoso  articles  wore  for  how  many  completo  sets  of  qua- 
druplex? 

A.  Six,  I  think. 

Q.  Wore  thoso  intended  logo  on  your  lino  and  to  bo  put 
in  actual  operation? 

A.  I  havo  no  recollection  at  present  about  that. 

Q.  Look  at  that  memorandum  in  which  you  say,  "I  will 
put  tho  speed  into  thorn  aftorwnrds.”  Where  wore  you  going  977 
to  put  tho  speed  into  them,  if  not  on  your  lino? 

A.  Probably  that  was  tho  idea. 

Q.  But  you  cannot  rccolleot  whothor  that  was  so  or 
not? 

A.  I  boliove  it  was  with  that  viow,  but  is  not  because  I 
recollect  it  now. 

Q.  You  don't  know  now  whether  it  was  so  or  not? 

A.  No,  sir. 


r8  Q.  Assuming  that  yon  yourself  were  hurrying  up  to  hnvo 
this  comploto  quadruplox  instrument  on  the  19th  of  Octo¬ 
ber,  1874,  you  had  come  to  tho  conclusion  then  that  tho 
matter  was  so  far  a  success  as  to  put  it  into  actual  opera¬ 
tion  on  your  line,  hadn’t  you  ? 

A.  I  have  no  recollection  as  to  what  was  in  my  mind  at  that 
time.  That  order  was  written  by  Mr.  Edison  and  brought 
back  to  bo  signed  by  me.  I  merely  signed  it  and  added  that 
note  in  pencil,  but  for  what  ho  intended  thoso  instruments 
at  that  timo  I  lmvo  no  recollection  now. 

9  Q.  You  probably  know  what  they  were  for  at  that 
timo? 

A.  At  that  time  yes,  probably. 

Q.  You  had  no  doubt  that  theso  instruments  wore  tobo 
mado  and  to  bo  put  into  practical  use  on  your  line,  had  you? 

A.  I  lmvo  no  doubt  but  that  they  were,  but  I  don't  re¬ 
member  that  I  knew  it  at  tho  time. 

Q.  And  they  were  mnde  to  bo  put  into  actual  use  on  your 
lino  ? 

A.  I  don’t  know  that  of  my  own  knowledge. 

0 1  0.  Blow  soon  after  were  you  putting  in  nctunl  use  on 
/  /your  lino  tho  quadruplox  and  transmitiing  business  messa- 

'I  Sea? 

A.  I  thinkjust  ns  fast  ns  wccould. 

Q.  That  is  very  indefinite. 

A.  I  think  wo  began  in  the  summer  of  1874,  soon  after 
those  oxperinents  were  reported  in  the  Times  article.  As 
rapidly  as  the  apparatus  could  be  turned  out  and  tho  defects 
oured,  the  bug-traps  mado  and  tho  bugs  picked  out,  they  were 
set  up  one  after  another  on  the  line,  tho  first  ones  were  be- 
j  ing  taken  down  and  brought  back  and  improved  ones  put 
in  their  places,  and  that  work  practically  has  being  going  on 
ovor  since. 

(Eeccss.) 

After  Beoess. 

Q.  I  now  desire  to  ask  you,  if  yon  will  allow  mo,  pass 
ing  over  Exhibits  22  and  28,  in  regard  to  Exhibit  247 

A.  I  havo  it,  sir. 


o  or  threo  or  four  ot 


289 

Q.  Can  you  tell,  from  your  own  knowledge  or  remem-  982 
bnincc,  when  that  was  received  by  you,  if  it  ever  was  re¬ 
ceived? 

A.  It  wus  received  by  me.  It  was  handed  to  me  by  Mr. 
Edison  himself,  but  there  is  nothing  in  tho  fact  that  it  was 
handed  to  me  that  would  lix  the  lime  in  my  mind. 

Q.  Then  you  have  no  memory  ns  to  the  timo  itself.  Can 
you  toll  within  ten  days  when  it  was  handed  to  you  ? 

A.  My  memory  of  it  is  ns  a  part  of  a  transaction  to 
which  it  was  preliminary. 

Q.  That  transaction  was  tho  payment  of  the  $5,000  ? 

A.  Yes. 

Q.  And  therefore  it  was  handed  to  you  immediately  be¬ 
fore  that? 

A.  It  was  before  that. 

Q.  Immediately  before? 

A.  Immediately  beforo-a  few  days  bofore. 

Q.  By  a  few  days,  do  you  mean  two  or  thro 
five? 

A.  Two  or  threo,  probably. 

Q.  Wo  will  say,  for  convenience,  between  tho  6th  of  De¬ 
cember  and  tho  10th  it  was  handed  to  you?  .  0£ 

A.  That  would  bo  my  impression.  Yes,  if  tho  10th  is 
tho  date  of  the  receipt. 

Q.  You  seo  that  on  tho  other  page.  Exhibit  22  ? 

A.  Yes,  I  seo  it.  „  ,  ,  ,  , 

Q.  Did  Mr.  Edison  call  more  than  onoo  after  ho  banded 
you  that  bofore  you  eamo  to  tho  conclusion  to  pay  him 
$6,000? 

A.  I  don’t  remember. 

Q.  Wo  will  go  back  to  tho  exhibit  datod  Deoomber  10th, 
which  is  tho  rccoipt.  You  agreed  to  tho  amount  to  bo  paid  fl, 
to  Mr.  Edison,  and  tho  receipt  was  prepared  by  Mr.  Mum- 
ford. 

A.  I  believe  it  was. 

Q,  Had  ho  such  knowledge  or  the  condition  of  the  ne¬ 
gotiation  and  tho  condition  of  things  generally,  that  ho 
could  intelligently  prepare  a  rccoipt  to  express  tho  bargain 


of  the  matter  at  that  timo. 


I 


986  Q.  You  thought  ho  had  or  you  would  not  have  trusted 
him  with  doing  it? 

A.  Yes,  sir. 

Q.  When  you  sent  it  to  him  to  ho  prepared  you  thought 
that  it  would  bo  satisfactorily  drawn  ? 

A.  Yes,  I  think  ho  had  assistance  in  tho  preparation  of 

Q.  Either  professional  assistaneo  or  otherwise  V 
A.  Yes. 

Q.  Ho  had  professional  assistance,  had  ho  not  ? 

187  A.  X  think  so. 

Q.  It  is  your  remembrance  or  belief  that  ho  had ;  itscoms 
to  bo  a  very  technical  paper? 

A.  Mr.  Mumford  was  himself  an  attorney. 

Q.  Now,  I  desire  to  ask  you  when  did  you  first  claim 
that  you  had  mado  any  bargain  to  purchase  tho  quadruplex 
telegraph  invention  ? 

(Ur.  Lowrey  objects  to  tho  question  on  tho  ground  that 
counsel  for  tho  Western  Union  Co.,  which  is  tho  defendant 
88  in  tho  suit,  will  state  what  tho  claim  of  tho  company  is,  and 
that  it  is  not  proper  to  ask  tho  witness  in  regard  to  it ;  that 
ho  has  nothing  personally  to  do  with  tho  olaim,  and  that  it 
is  not  proper  to  argue  with  tho  witness  in  regard  to  his  un¬ 
derstanding  ns  to  what  the  claim  of  tho  company  is.) 

Q.  When  did  you  first  claim  that  you  made  a  bargain 
with  anybody,  and  when  I  sny  you,  I  mean  you  as  tho 
agont  of  tho  Western  Union  Telegraph  Co.,  for  tho  pur- 
chase  of  the  quadruplex  invention  of  whoever  owned  it, 
whether  Mr.  Edison  or  Mr.  Prescott  ? 

19  A.  My  opinion  on  the  subject  of  tho  olaim  of  tire  West¬ 
ern  Union  Co.  that  it  is  based  upon  the  agreement  of 
l'cbruary,  1878.  It  was  running  all  the  time. 

Q-  And  that  is  your  opinion  acting  for  the  Western 
Union  Co.;  you  made  olaim  in  your  own  mind  to  own  it 
from  that  time? 

A.  That  is  my  opinion  of  tiio  claim. 

Q.  And  from  tho  time  you  mado  tho  bargain  you  had  no 
diflerent  opinion  ? 


2-11 

A.  I  cannot  undertako  to  recollect  tho  opinions  that  my  ggg 
counsel  oxpressed  to  mo  and  the  ndvico  they  gave  mo  on 
tho  subject.  If  your  Honor  will  permit  mo  to  say  so,  it 
seems  to  mo  thnt  I  am  being  asked  to  state  a  legal  conclu¬ 
sion  and  thnt  this  is  a  question  for  counsel. 

Q.  I  am  not  asking  you  for  any  legal  opinion.  Tho 
question  is  have  you  ever  had  any  diflbront  opinion  sinco 
that  time  down  to  to-day. 

(Objected  to  ns  immaterial.  Admitted.) 

A.  I  don’t  know  thnt  I  have.  I  don’t  romember.  991 

Q.  You  don’t  romoinbor  of  over  oxpressing  a  diflerent 
opinion  ? 

A.  I  do  not. 

Q.  Did  you  think  you  owned  tho  qundruplox  by  any  dif¬ 
ferent  title  than  tho  0110  by  which  you  own  tho  duplex  ? 

A.  I  never  considered  thnt  brancii  of  tho  subject,  I 
don’t  know  that  it  is  divisible. 

Q.  [Handing  witness  report]  Is  this  your  report  for  tho 
year  1874  ? 

A.  It  is.  992 

Q.  Written  and  published  by  you? 

A.  It  is  published  by  mo  at  least, 

Q.  Written  by  you  except  whoro  you  quoto  from  othor 
people? 

•  A.  It  may  not  linvo  been  writton  by  mo. 

Q.  Look  at  tho  ditto  at  wliioh  it  is  writton.  You  put 
your  nnmo  to  it,  did  you  not? 

A.  Yes,  it  was  published  by  mo,  and  I  think  was  sub¬ 
stantially  writton  by  mo. 

Q.  It  contained  your  understanding  of  tho  matter  at  tho  993 
time,  didn’t  it  ?  .  T1  .. 

A.  I  think  it  did.  It  is  a  long  time  since  I  have  read  it. 

Q.  You  have  no  reason  to  suppose  it  did  not  l 

A  It  did  at  the  time. 

Q,  Do  you  recognise  this  so, itenee:  “The  quadruplex, 
like  tho  duplex,  is  partially  substituted  for  working  in  con¬ 
nection  with  tho  Morse  apparatus.  No  change  of  tho  ordi¬ 
nary  operating  force  nor  in  the  previous  preparation  of  mes- 


994  sagos  is  required,  as  with  the  automatic  system,  so  that  tho 
continuance  of  the  same  simplicity  and  economy  of  manipu¬ 
lation  and  promptness  of  service  which  lmvo  character¬ 
ized  tho  Western  Union  Co.’s  system  of  telegraph  is  assured. 
All  the  patents  for  tho  duplex  aro  owned  by  this  company. 
Negotiations  for  tho  purchase  of  tho  patents  of  the  quadru¬ 
ples  are  pending  after  tho  character  and  extent  of  its  ca¬ 
pacity  for  working  hnvo  been  fully  ascertained."  This  was 
tho  14th  of  October,  wasn’t  it,  that  the  report  was  pub¬ 
lished? 

A.  Yes. 

Q.  Do  you  see  anything  thoro  that  looks  liko  a  distinction 
between  a  quadruples  and  a  duplex  ? 

A.  Thoro  is  a  distinction  mndo  there,  apparently. 

.  Q.  And  a  distinction  in  titlo,  wasn’t  thoro? 

A.  There  is  a  distinction  in  this  /act,  that  the  prico  for 
one  had  been  fixed  and  paid,  and  tho  prico  for  tho  other 
had  not  been  fixed. 

Q.  From  February  fltli,  1878,  down  to  October  14th, 
1874,  had  you  paid  Mr.  Edison  any  monoy  on  ncoount  of 
the  duplex  invention  ? 

A.  Not  that  I  know  of. 

Q.  “By  duplex,"  in  this  sentence,  did  yon  not  includo 
Mr.  Edison’s  invention  ? 

A.  As  a  mere  matter  of  present  belief  of  wlint  I  meant 
then,  I  should  say  I  didn’t  moan  to  includo  Mr.  Edison’s  in¬ 
vention. 

Q.  You  meant  simply  to  inoludo  Stenrncs’? 

.  A.  Yes. 

Q.  Which  had  been  in  operation  ? 

A.  Yes. 

Q.  Then  you  say,  "  The  duplex  apparatus  of  Mr.  J.  B 
Steam,  by  moans  of  wliioli  two  messages  aro  transmitted  in 
opposite  directions  upon  one  wire  at  tho  same  time  has  fully 
sustained  tho  opinion  of  its  utility  and  value  which  I  ox- 
pressed  in  my  last  annual  report.  It  has  boon,  put  in  oper¬ 
ation,  during  the  past  year,  upon  a  number  of  additional 
circuits,  and  is  now  working  satisfactorily  between  all  tho 
principal  cities.  Its  latest  application  was  upon  tho  lino  to 


248 


tho  Pacific  coast,  and  it  is  now  in  use  between  Port.Hast-  998 
ings  on  tho  island  of  Cape  Breton,  whore  our  lines  connect 
will,  tho  cable  wires  and  San  Francisco,  a  distance  of  nearly 
6,000  miles.  But  tho  past  year  has  produced  an  invention 
more  wonderful  than  tho  duplex.  Mr-  Thomas  A.  Edison 
and  Mr.  George  B.  Prescott,  the  electrician  of  tho  company 
have  discovered  processes  and  invented  apparatus  by  means 
of  which  two  messages  can  bo  sent  in  the  “ltn0  .  '  ,  ' 

anil  two  other  messages  in  an  oppos.to  direction  simnltano 
ously  upon  the  same  wire.  This  invention,  which  they 
have  christened  the  quadruplex,  has  been  in  success  u  999 
operation  between  our  Now  York  and  Boston  oto.  fo 

reasonable  dividends  ti  tj,#t  it  seems  more 

accomplished,  and  i»  »  ,  f  lly  realized  than  that 

likely  that  these  prod  ton  wJM«ota  y  ^  ^  It  is 

the  0f  nil  invention  which  enables 

not  easy  to  estimate  tuo  vai  nrincinal  cities  in  tho 

any  and  ovory  wiro  bo  we  j  tj10  i>aoifio  coasts,  to 

country  and  between  ho  At lanuc^and  ^  ^  & 

bo  made  equal  to  n  »  ability  to  practically  con-  1001 

button,  but  it  is  very  nvidcit  thcjbdity  top  ^  ^  oonvo. 


1002  A.  Tea;  on  a  circuit  for  that  distance. 

Q.  Was  it  valuablo  on  that  kind  of  circuit,  ns  you  hero 

A.  Yes. 

Q.  In  other  words,  that  it  was,  so  far  ns  tho  length  of 
these  circuits  between  Hew  York  and  Boston,  or  something 
liko  that,  was  concerned,  an  entirely  completo  invention? 

A.  I  think  so. 

Q.  You  thought  so  then  ? 

A.  Yes. 

1003  Q.  On  tho  17th  you  gave  this  order  for  six  sets  ? 

A.  If  that  is  tho  date  of  tho  paper. 

(Defendant’s  counsel  nsks  that  tho  paner  bo  marked  in 
evidence..  Plaintiff's  counsel  states  that  they  do  not  desiro 
to  put  it  in  ovidonoo.  Defendant's  counsol  puts  tho  same  in 
evidence,  and  is  marked  defendant’s  Exhibit  Ho.  41.) 

sanf  /  °nU  y°Ur  ntt0"tion  t0  Exbibit  No-  28.  (Roads 

1004  /nA'-  Vr":’  'ik°  t0  800  tbo  orlS‘ni'l  of  that  exhibit. 
(Original  handed  to  witness.) 

Q.  When  was  this  copy  made  (handing  witness  copy)? 

A.  It  is  tho  original  paper. 

.  Q.  Whoso  handwriting  is  that  pencil  memorandum,  which 
says  that  tho  original  was  given  to  Edison  ? 

II.  They  wero  in  duplicate ;  it  should  liavo  been  dupli¬ 
cate  instead  of  original;  they  wero  botli  signed  at  tho  sumo 
timo;  Mr.  Edison  presented  two  to  me. 

Q.  And  you  signed  both  ? 

1005  A.  Yes. 

Q.  You  kept  one  and  ho  took  tho  other  ? 

A.  Yes;  ho  stated  a  particular  reason,  I  recollect,  for 
giving  them  to  mo  in  duplicate. 

.  Q.  Please  state  what  that  reason  was  ? 

A.  Uo  said  that  by  leaving  one  with  my  signature  to  it 
.  wouid  enable  him  to  get  whatever  credit  he  required  for 
any  material  that  would  bo  necessary  for  him  to  purchase  in 
order  to  produce  these  instruments. 

JL/i11”  *” » ta 


245 

A.  I  really  don’t  know  that.  1008 

Q.  Givo  us  some  approximation. 

A.  I  supposo  $5,000  would  bo  an  approximation. 

Q.  As  much  as  that  and  perhaps  moro  ? 

A.  Yes.  . . 

Q.  Ho  stated  to  you  it  would  secure  him  credit— that  if  lio 
had  your  signature  to  one  of  those  papers,  it  would  enable 
him  to  get  credit?  , 

A.  That  was  said,  I  think,  in  roply  to  a  suggestion  by 

4  What  was  that  suggestion?  1007 

A.  Shnn’t  I  begin  at  tho  beginning  of  this  conversation? 

Q.  By  nil  means. 

A.  Ho  enmo  to  my  desk  and  produced  these  two  papers* 
and  said,  in  substance,  that  his  shop  was  needing  all  tho 
work  he  could  get,  and  that  as  we  were  going  to  requue  a 
lot  of  apparatus  ho  would  like  to  have  the  Job  o  '  '  b  S 
them,  and  asked  me  to  do  him  tho  favor  toie  ™™^ 
the  twenty  sots;  lie  had  drawn  these  orders  to  that  effect, 

I  said,  “  Certainly,  you  oan  make  twenty  sots  and  I  will 
arrange  with  Mr.  Hunter,  our  superintendent  of  supplies  1008 
(whoso  duty  it  was  to  rooeivo  such  property  and  tnko  enro 
of  it  and  pay  for  it),  so  that  you  may  receive  on  aeeoun  as 
the  work  progresses;’’  ho  said  ho  didn’t  need  that  but  t  at 
ho  had  prepared  these  orders  in  dupieateaudthat.fi 
signed  one  and  gave  it  to  him  it  would  enable  him  Oot 

whatever  credit  ho  might  require. 

Q.  These  were  to  be  done  in  iiay-flve  days,  I  believe? 

A.  That  was  his  own  proposition. 

» i  w  x» 

lief  that  they  were  not  delivered  to  us. 

Q,  Were  they  delivered  r 
A.  I  think  not. 

ofii'vfnS'iht  0f 

tee  sets  something  happened.  „nt  delivered 

Q.  Something  had  happened  and  they  were  not  delivery  . 

I  dire  to  ask  you  now  when,  if  at  that  tune,  any  new  no 


246 


247 


1010  gotintions  had  been  opened  with  Mr.  Edison  about  tlio  pur¬ 
chase  of  the  quadruple*  or  duplex,  or  as  to  price,  in  any 
form? 

A.  I  til  ink,  from  the  dates  of  these  papors,  that  negotia¬ 
tions  for  fixing  tho  prico  had  been  in  progress  for  somo 
little  time  before. 

Q.  Look  at  Exhibit  27,  that  is  dated  Now  York,  December 
10, 1874,  can  you  say  whothcr  it  wns  delivered  on  that  day 
or  on  the  next  day  after? 

A.  I  have  no  spoeiflo  recollection  of  the  transaction  ns  to 

1011  say. 

Q.  That  wns  delivered  to  you  at  or  about  the  time  of  its 
date,  and  that  is  tho  ono  you  told  him  tho  stenmbont  story 
about — about  tho  olork  who  wanted  to  own  the  steam¬ 
boat? 

A.  I  think  it  is;  yes,  sir. 

Q.  Tlion,  how  many  days  before  you  reooivod  Exhibit 
26,  tho  undated  ono,  called  “  two  propositions  ?" 

A.  I  don’t  remember  how  many  days ;  it  wns  very  soon 
after  that. 

1012  Q.  You  wero  kind  enough  to  toll  us  thnt  cortain  flguros 
were  mado  after  you  sent  him  away  with  tho  steamboat 
story,  and  brother  Lowroy  said  ho  would  lrnvo  them? 


Jfr.  Lowrcy:  I  hnvo  not  yet  been  able  to  find  thorn ;  thoy 
aro  among  somo  papers  thnt  I  hnve  mislaid.  I  may  And 
them  this  evoning ;  I  will  try  to  do  so. 

Q.  Can  you  toll  us  what  thoso  figures  aro  in  tho  absence 
of  tho  pnper? 

A.  I  cannot.  If  you  will  allow  me,  I  think  the  paper 
wns  handed  to  me  within  a  day  or  two  after  this  by  Mr. 
Prescott,  and  not  by  Mr.  Edison. 

Q.  Didn’t  you  tell  us  before,  on  tho  stand,  it  was  handed 
to  you  by  Mr.  Edison  ? 

A.  I  don’t  remomber  what  I  told  you.  I  don’t  remember 
whnt  I  snid  then,  but  my  best  recollection  at  this  moment  is 
that  thnt  paper  was  earned  away  by  Mr.  Edison  (this  paper 
I  mean)  with  my  pencil  indorsement,  rccpicsting  that  tho 
proposition  be  reduced  to  figures,  and  thnt  tho  paper  camo 


back  to  me,  and  wns  handed  to  mo  by  Mr.  Prescott;  cor-  1014 
tainly  it  is  in  Ins  handwriting. 

Q.  You  moan  Exhibit  27  came  back  to  you? 

A.  No,  sir;  I  don’t  remember  ns  to  that 

Q.  You  think  Mr.  Prescott  brought  you  the  figures? 

A.  That  is  my  impression. 

Q.  He  brought  you  Exhibit  No.  26  within  two  or  tliroo 
days? 

A.  Yes,  a  few  days;  I  cannot  say  whether  it  wns  two 
days,  or  five  days,  or  ten  days,  except  thnt  it  wns  between 
this  date  nnd  my  leaving  tho  city  for  several  days  absence. 

Q.  Thnt  is  tlio  81st?  1015 

A.  Yes. 

Q.  Who  brought  it? 

A.  Mr.  Edison  brought  mo  No.  26. 

Q.  Did  ho  hnvo  a  copy  of  tho  figures  made  by  Mr.  Pres¬ 
cott? 

A.  I  don't  remember  thnt  thoso  figures  wero  produced 
nnd  discussed  in  connection,  yot  thoy  may  have  been. 

Q.  But  hnvo  you  any  memory  thnt  they  wero  ?  Try  and 
refresh  your  memory  nnd  got  at  wlint  wns  discussed,  if  you 
can? 

A.  My  best  recollection  on  thnt  subject  is  general.  1016 

Q.  Hnvo  you  any? 

A.  I  have. 

Q.  What  is  it? 

A.  My  best  recollection  is  that  theso  figures  m  Exhibit 
26  will  bo  found  to  boar  somo  rotation  to  tho  figures  on  tho 
paper  thnt  wns  called  for  by  my  indorsement  on  tho  back  of 
it 

Q.  That  would  bo  likely ;  is  thnt  a  mnttor  of  memory,  or 
n  matter  of  reasoning? 

A.  It  is  a  matter  of  mornory.  1017 

Q.  What  relation  did  thoy  bear,  do  you  think  ns  a  matter 
of  memory? 

A.  My  recollection  is  not  sufficient  to  state. 

Q.  Wore  thoy  greater  or  less,  some  of  them  ? 

A.  I  don’t  remember  ns  to  that ;  my  recollection  is  only 
clear  ns  to  somo  things  that  wero  said  in  connection  with 


1018  Q-  Now,  sir,  at  that  timo  didn’t  Mr.  Edison  press  you  for 
money,  and  say  tlmt  his  shop  would  bo  stopped,  and  his 
men  would  lmvo  to  bo  discharged,  if  ho  didn’t  got  somo  ? 

A.  Ho  did  not. 

Q.  Did  ho  say  anything  on  that  subject  ? 

A.  Ho  said  nothing  on  that  subject  at  all. 

Q.  Did  Mr.  Miller  bring  you  a  letter  from  Mr.  Murray, 
saying,  in  substance,  that  if  you  wero  going  to  Chicago,  you 
must  close  this  bargain,  for  Mr.  Edison  would  not  stand  it 
or  words  to  that  effect?  ’ 

1010  A-  I  tliinlc  I  can  answer  that  question,  and  others  that 
you  may  ask,  by  saying  that  Mr.  Miller  brought  mo  no  lot- 
tor  from  Mr.  Murray,  nor  showed  mo  any. 

Q.  How  did  Mr.  Murray  make  you  tho  communication 
that  it  would  bo  bettor  if  an  annual  sum  could  be  paid  to 
Mr.  Edison  on  account  of  his  family  ? 

A.  It  was  anterior  to  this  particular  occasion  that  you 
rofor,  but  not  a  great  whilo  boforo;  it  camo  from  Mr. 
Miller  also. 

Q.  Was  it  in  writing? 

10  A.  No,  sir. 

Q.  That  was  what  Mr.  Miller  said  ? 

A.  Yes. 

Q.  Thou,  why  did  you  givo  Mr.  Murray  ns  authority,  and 
say  that  ho  was  Mr.  Edison’s  business  partner,  and  that 
ho  suggested  that  this  form  of  paymont  should  bo  made  in 
plnoo  oi  a  speoiflod  sum  in  hand,  when  it  wns  Mr.  Miller  . 

who  made  this  suggestion  to  you,  who  was  your  secretary  , 

of  the  Gold  and  Stock?  ( 

A.  Mr.  Miller  had  no  connection  whatever  with  the  Gold 
1021  and  Stock,  nor  with  tho  Western  Union  at  that  timo,  and 

ZKSSw"’*””  . 

A.  I  don’t  remember  why  I  did  not.  If  I  could  sco  tho 
sequence  of  the  questions  and  answers  I  might  state.  I 
'  .  sa?  t1h.at,tho  hnpressiou  upon  my  mind  wns  at  tho  timo 
1  testd  ed  boioro,  that  Mr.  Murray  made  tho  suggestion  to 
o,  but  I  now  state  it  was  also  made  by  Mi-.  Miller,  and  ^ 


we  cm,r^rq"i0Se0!1 1,1  t0°  by  ^  ™ison  himself,  1c  10oo 
no  camo  to  discuss  tho  details. 

son  ?  Sny  tlMlt  Mr>  Mlll«  is  "  neighbor  of  Mr.  Edi- 
A.  'flint  was  my  understanding. 

Q-  Did  ho  livo  in  tho  snmo  town  ? 

A-  I  don’t  know  what  town  either  of  thorn  lived  i„. 

T  i'0"  "'l,y  <lil1  .vou  toll  us  Im  was  his  neighbor? 
w„„  .  ,  JVIW  "O’  impression  or  my  belief,  that  Mr.  Miller 

"as  in  tho  habit  of  mooting  1dm  daily. 

Q-  Can  you  toll  us  anybody  who  gavo  you  that  belief? 

A.  I  don’t  think  I  can  givo  you  tho  origin,  growth  and  1028 
development  of  that  liolioff 

Q.  Mr.  Edison  brought  you  that  second  paper,  which  is 
called  “  two  propositions,"  boing  Ex.  No.  20.  Will  you 
have  tho  kindness,  ns  you  lmvo  told  us  with  such  clearness 
of  memory  wlmt  took  placo  whon  No.  23  wns  delivered  to 
camoln  with'thau'"'1  °l0!U'n°SS’  'vllat  ,vas  sai(1  whon’ ho 
.  A.  I  don’t  romember. 

Q.  Wlmt  wns  tho  first  thing? 

A.  I  don’t  romombor  who  spolco  the  first  word,  nor  do  I 
romember  wlmt  wns  said  first.  1021 

Q.  Who  do  you  first  romombor  sponking  ? 

A.  I  lmvo  no  recollection  ns  to  that. 

*i.3n  °?U  yo“  to11  1,10  who  yo»  roinomber  sponking  first _ 

*1'°  'v°rd  you  do  remombor,  and  who  spoke  it  ? 

A.  I  lmvo  no  distinct  recollection  ns  to  tho  ordor  of 
ot  cuts,  nor  vory  much  ns  to  wlmt  transpired. 

bodylidVhenT  ^  "°  1'°m°mb0r 

A.  Tho  (list  thing  I  romombor  clearly  was  a  comment 
made  by  mo  upon  tho  proposition  for  a  royalty  that  do-  . 
ponded  upon  tho  number  of  circuil  s  used  1  lie  suggo  tion  1026 
wns  whether  it  was  not  bettor  to  lmvo  a  fixed  sum  than 
an  uncertain  sum,  which  would  require  an  accounting  every 
time  there i  wns  a  settlement  and  givo  occasion  for  dispute 
as  to  whothor  tho  accounts  were  correct  or  not 
Q.  What  wns  next  said,  if  you  romember? 

A.  I  don’t  recall  anything  moro  particularly. 

,  ,y  11,1,1  oxlln,,st  your  momory.  Look  at  that  exhibit 
and  givo  mo  tho  very  best  result  of  your  memory  ns  to 


251 


1026  anything  Hint  was  said  at  tliat  time,  and  wliat  took  plaeo 
on  tlmt  occasion. 

A.  AViint  I  said  boforo  in  reply  to  your  oilier  question 
was  anterior  to  wliat  1  now  Intend  lo  say. 

Q.  State  just  wliat  occurred,  and  in  tlio  order  in  which 
it  occurred  ? 

A.  I  am  not  aide  to  stato  whether  wliat  I  havo  stated 
occurred  in  just  tlio  order  or  not. 

Q.  Stato  tlio  order  of  tilings  tlmt  occurred  as  you  now 
remember  it? 

A.  So  far  ns  I  remember,  wliat  I  havo  slated  already 

1027  came  in  order  in  advance  of  what  I  am  now  about  to  state. 

Q.  Then  thoro  is  something  more.  I  thought  you  told 
mo  there  was  not  anything  more,  nad  Hint  what  you  have 
Btnlcd  was  about  all  that  took  plaeo  ? 

A.  My  recollection  is  that  I  said  at  that  interview  that  ir 
ho  bad  asked  me  lo  make  a  proposition,  which  ho  had  nover 
done,  the  difference  between  wliat  I  myseirshould  have  of¬ 
fered  and  what  lie  proposed,  wns  not  great.  I  remember 
distinctly  what  1  snid  in  regard  to  one  item  tvhioh  was,  that  ' 
I  should  have  offered  him  §20,000  instead  of  $25,000 

1028  "'liioh  he  had  on  Ins  memorandum.  I  told  him  that  if  ho 
had  nsked  me  to  make  a  proposition  to  him,  I  should  havo 
oilered  him  $20,000  instead  of  $25,000.  The  diilereneo  in 
regard  to  the  other  two  points  I  think  wns  that  I  suggested 

i  1  ,nt  wu  s1,ohW  ,1x  "  sum  of  $10,000  per  annum  in  lieu  of 
the  royabt.es  for  a  period,  I  think,  the  first  suggestion  was 
for  ton  years;  and  Mr.  Edison  suggested  that  if  there  was 
a  good  reason  for  its  running  ton  years  tlioro  was  a  good 
reason  why  it  should  run  for  the  snmo  period  ns  tlio  patent; 

I  or  words  to  that  eflfcol,  which  wns  about  17  years. 

1029  Q*  And  its  extension? 

A.  I  believe  there  aro  no  present  extensions. 

Q.  A\  hat  else  was  snid.  I  want  to  get  at  all  that  took 
place,  and  1  want  you  to  exhaust  your  memory  in  regard  to 
that  occasion  and  wliat  occurred  ? 

A.  I  think  I  slated  then  that  I  wns  eoimr  to  Ohiemrn  in 


Q.  "What  did  Mr.  Edison  say  to  that? 


A.  I  am  not  able  to  give  you  the  language.  loqo 

™  l.‘°n  •y0"  susgest°l1  t,mt  ->’ou  would  have  offered  him 
$20,000  instead  of  $25,000,  did  ho  agree  to  that? 

A.  I  don’t  think  ho  did. 

Q.  Wlion  you  suggested  ton  years  ho  disagreed  to  that? 

A.  ITo  dissonted  to  that  in  so  far  ns  I  havo  stated, 

Q.  And  tlio  only  other  tiling  you  said  was  that  you  woro 
going  to  Chicago  in  a  few  days,  and  wlion  you  returned  you 
would  fix  tlio  thing  up.  That  wns  outirely  satisfactory  to 
him,  wasn’t  it?  J 

A.  There  was  no  cvidcnco  of  dissent.  I  don’t  remembor  ion 
tlio  precise  terms  in  which  ho  gavo  his  assont 
Q.  Do  you  remomber  any  terms  in  which  liosavobis 
assent  ?  n 

A.  I  don’t  remombor  what  ho  said. 

Q.  Didn’t  ho  say  to  you  tlmt  ho  wns  in  want  of  monoy  ? 

A.  He  didn't  say  anything  about  monoy  on  tlmt  ocoosion. 

.  Tlio  matter  of  money  enmo  to  mo  through  another  source, 
and  thoro  wns  somo  misunderstanding  about  it. 

Q.  Who  wns  the  other  sourco  ? 

A.  Mr.  Miller. 

Q.  You  know  ho  wns  in  want  of  money,  and  Mr.  Millor, 
who  was  a  neighbor  of  his,  ns  you  supposod,  was  trying  to 
got  monoy  from  you  ? 

A.  No,  sir,  ho  was  not  trying  to  get  monoy  from  mo.  It  l 
was  nevern  violent  presumption  that  Mr.  Edison  wnntod  I 

monoy.  - - - - - - '  - - 

Q.  Was  it  through  Mr.  Millor,  or  was  it  from  a  violent 
presumption  that  you  know  or  buenme  aware  of  his  want 
of  monoy  ? 

A.  Shull  I  stato  what  transpired  between  Mr.  Millor  and  loaq 
myself? 

Q.  Not  yet  Was  Mr.  Millor  trying  to  got  money  to  pass 
between  the  Western  Union  Telegraph  Company  and  your¬ 
self  and  Mr.  Edison  at  that  time  ? 

A.  lie  was  not 

Q.  Did  you  innko  any  advance  of  money  or  anything  our 
of  which  Mr.  Edison  could  make  money,  directly  or  indi¬ 
rectly  ? 


1034  A.  Wot  tlmt  I  am  aware  of.  Mr.  Miller  made  no  applica¬ 
tion  to  mo  for  any  monoy. 

Q.  Did  you  learn  from  any  source  that  Mr.  Edison  was 
in  want  of  money,  and  that  his  shop  was  liable  to  ho  shut 
up? 

A.  All  that  I  knew  on  the  subjeot  was  what  Mr.  Miller 
stated  to  me. 

Q.  Did  you  learn  that  from  any  souroo  7 

A,  Nothing  about  his  shop  being  in  danger  of  being  shut 
up— nothing  about  his  shop  at  all.  It  rolatcd  to  something 

1035  else. 

Q.  After  Mr.  Edison  loft,  did  you  liavo  any  further  con¬ 
versation  with  him  until  nltor  April  1st,  1875? 

A.  Yes,  I  had  a  few  words  of  conversation  with  him. 

Q.  When  ? 

A  Two  or  threo  days  after  this  interview  in  my  olTieo. 

Q.  What  time  was  that? 

A.  It  was  probably  the  day  or  day  before  I  went  to  Chi¬ 
cago— tho  80th  or  81st. 

Q.  Haven’t  you  testified  that  this  paper  was  brought  you 

1086  on  tho  80th? 

A.  I  may  have  so  testified. 

Q.  Was  it  truo  ? 

A.  I  want  to  innlto  a  statement  in  regard  to  that,  and  I 
think  I  am  ontitlcd  to  do  so. 

Q.  Haven't  you  nnd  your  company  moro  than  onoo,  and 
in  more  than  ono  form,  sworn  that  that  was  brought  on  the 
80th? 

A.  You  moan  in  regard  to  this  particular  transaction. 

Q.  Yes. 

1087  A.  It  may  liavo  boon. 

Q.  Now,  do  you  remember  what  day  of  tho  week  that 
was? 

A.  No,  sir,  I  do  not. 

Q.  Will  you  swear  that  you  saw  Edison  after  that  before 
you  loft  for  Chicago  ? 

A.  I  think  I  did ;  yes. 

Q.  Will  you  swear  you  did  ? 

A.  I  think  I  did. 

Q.  Is  that  all  you  can  say  ? 


I 


■#} 

r 


A.  I  believe  I  did.  1038 

Q.  Have  you  a  memory  that  you  did? 

A.  I  am  stating  this  from  my  best  recollection. 

Q.  Have  you  any  memory  of  it  ? 

A.  I  have. 

Q.  When  do  you  think  it  was  ? 

A.  Probably  tho  next  day. 

Q.  It  was  not  two  or  threo  days  after? 

A.  I  think  it  was  probably  tho  next  day. 

Q.  Havo  you  a  remombranoe  that  it  was  the  next  day  ? 

A.  I  don’t  make  that  statement  entirely  from  my  reool-  1039 
lection  of  the  fact  that  it  was  the  next  day. 

CJ.  It  is  partly  from  reasoning? 

A.  Partly  from  reasoning ;  it  may  havo  boon  on  tho  same 
day. 

Q.  Why  did  you  tell  us  first  that  it  was  throe  days  after¬ 
wards  ? 

A.  Because  I  didn’t  mean  to  bo  oxplioit,  nnd  I  didn’t 
mean  to  loonto  all  these  things  down  to  particular  dates ;  I 
have  already  stated  that  I  locate  thorn  between  two  fixed 
poriods,  ono  of  which  wo  havo  got  hero,  and  the  other  wns 
fixed  by  tho  time  I  loft  for  Chicago;  I  mean  to  be  just  as  1040 
particular  ns  I  can. 

Q.  And,  now,  you  do  locate  thorn  on  a  particular  day  ? 

A.  I  think  that  Mr.  Edison  came  in  on  tho  day  before  I 
wont  to  Chicago,  but  whether  both  occurrences  took  plaoo 
on  the  same  day,  or  whether  ono  was  on  tho  day  beforo 
nnd  tho  other  on  the  day  I  loft  for  Chicago,  I  cannot  re¬ 
member  definitely  about 

Q.  At  any  rate,  ho  called  on  you  with  what  arc  called 
tho  “  two  propositions,"  and  then  ho  called  on  you  after¬ 
wards?  1041 

A.  Yes,  sir ;  I  think  so. 

Q.  You  are  sure  of  that  ? 

A.  I  think  so. 

Q.  What  did  ho  call  on  you  for?J 

A.  I  don’t  know  what  ho  callod  on  mo  for. 

Q.  What  did  he  say  ? 

.  A  I  don’t  remember  that  ho  said  anything. 

Q.  What  did  you  say  to  him  ? 


254 

1042  A.  I  remombor  speaking  to  him  about  a  matter  that  was 
lying  on  my  desk,  that  I  had  been  obliged  to  give  some  at¬ 
tention  to  on  that  very  day,  and  that  was  the  subject  of 
railroad  signals;  nnd  my  memory  is  refreshed  in  respect  to 
that  by  reading  Mr.  Edison’s  own  testimony. 

Q.  What  else  said  ? 

A.  I  don't  think  that  anything  else  was  said  ;  I  recollect 
nothing  but  that. 

Q.  Nothing  but  that  you  said  something  to  him  on  tho 
subject  of  railroad  signals? 

1048  A.  Thero  was  nothing  said  nbout  money  on  oithor  of 
theso  two  occasions ;  I  have  already  alluded  to  tho  fact  that 
there  was  a  misunderstanding  in  regard  to  that  which  I  can 
explain, 

Q.  I  call  your  attention  now  to  plaintiff’s  Ex.  J,  to  whioh 
I  oalled  your  attention  yesterday,  a  letter  whioh  you  showed 
to  Mr.  Serrell ;  I  call  your  attention  to  it  for  identification ; 
you  had  written  him  a  letter  on  that  day? 

A.  I  don't  remember ;  it  is  among  tho  papers  here. 

Q.  You  will  find  it  right  there? 

1044  A,  The  19th  of  January. 

Q.  Did  you  say  that  you  could  not  get  that  letter  to 
him? 

A.  No,  sir ;  I  did  got  it  to  him. 

Q.  But  alter  delays? 

A.  I  don't  think  wo  had  any  delay  in  getting  that  letter 
to  him ;  wo  had  difficulty  in  getting  in  communication 
with  him. 

Q.  You  sent  that  letter  to  his  house,  didn't  you  ? 

1045  A"  *  sent  t*mt  l°ttor  him  through  General  Marshall 

Lefferts.  . 

Q.  You  don’t  know  whether  he  over  got  it? 

A.  General  Lelferts  returned  and  reported  to  me  that  ho 
delivorod  it. 

Q.  You  don’t  know  that  ho  did  dolivor  it  at  all  ? 

A.  Mr.  Edison  has  sworn  that  he  did  rcceivo  it  and  I  as¬ 
sume  that  to  bo  true. 

Q.  Without  arguing  tho  matter,  when  did  you  first  begin 
to  look  him  up  for  tho  purpose  of  closing  this  bargain  ? 

A.  I  began  to  look  him  up  immediately  on  my  return 


265 

from  Chicago,  whioh  was,  ns  I  have  already  stated,  on  the  1046 
11th  of  January,  whioh  was  Monday— that  is  to  say  I  began 
to  make  inquiries. 

Q.  Now,  sir,  when  were  you  first  authorized  to  make  this 
purchase  ? 

A.  Authorized  in  what  manner  ? 

Q.  In  any  manner  ? 

A.  Do  you  mean  ns  to  my  rights,  or  as  to  my  power  ? 

Q.  Your  authority  ? 

A.  Whon  I  was  olooted  President  of  tho  Western  Union 
Telegraph  Company.  1047 

Q.  Did  your  company  so  understand  it? 

A.  I  don’t  know,  they  are  nlways  in  the  habit  of  ratify-  / 
ing  and  confirming  any  such  notion  of  mine.  / 

Q.  Didn’t  thoy  raiso  an  executive  eommittoo  to  take  this 
thing  into  'consideration  nnd  deal  with  it  ?  I 

A.  I  am  not  aware  of  their  raising  the  executive  com¬ 
mittee  for  that  purpose.  I 

Q.  Didn’t  thoy  ruiso  an  oxeoutivo  eommittoo?  | 

A.  A  sub-committee. 

Q.  A  sub-committee  or  a  branoh  committee,  or  any  other  til 
eommittoo? 

A.  I  have  no  presont  recollection  at  all  on  tho  subject ;  it 
may  have  boon  done. 

Q.  Wasn't  it  on  tho  19th  of  January  whon  a  eommitteo 
was  raised  by  your  company  consisting  of  you  nnd  two 
others  who  woro  empowered  to  take  this  matter  into  con¬ 
sideration  ? 

A.  Very  likely;  I  don't  remombor  it  now. 

Q.  Don't  you  remember  thero  was  such  a  committee  ? 

A.  No,  sir,  I  do  not  remember ;  the  records  will  show. 

Q.  Had  you  ever  cousultcd  with  such  a  committee? 

A.  I  have  no  recollection  of  any  consultation  with  such 
a  committee. 

Q.  Didn’t  you  writo  that  loiter  after  or  beforo  the  com-  I 
mittee  was. raised?  | 

A.  I  don’t  remember. 

Q.  And  whether  you  had  such  a  committee,  and  whe-  j 
ther  you  consulted  with  such  a  eommitteo,  or  whether  there 
was  suoh  a  committee  raised  at  all  in  regard  to  the  matter  I 
you  have  no  knowledge?  I 


266 


1060  a.  I  have  no  recollection ;  perhaps  if  I  should  consult 
the  record  mv  recollection  would  ho  refreshed. 

”  you  ho  kind  enough,  if  your  counsel  wilpermrt 
you,  to  produce  the  records  and  see  if  such  a  committee  was 
raised? 

Q  Was  not  that  committee  raised  for  this  very  purpose 

„„ii.  ruised.  a  i.  MmOr  »”1‘  »'  “ 

1061  for  what  purpose  it  was  raised. 

Q.  Iam  trying  to  bring  to  your  recollection  all  of  the 
surrounding  circumstances,  so  that  you  will  not  have .to .o*. 

plain  in  the  morning.  I  want  your  best  recollection  upon 

this  matter,  wliioli  is  a  very  important  one.  Is  your  mcm. 
ory  ontirely  blank  on  this  subject? 

A.  As  to  what?  .  , 

Q.  As  to  tho  question  whether  a  committee  was  raised 

OTA!t Since  you  have  asked  mo  tlicso  questions,  thoro  seems 
1052  to  grow  out  of  it  a  glimmering  recollection  that  thoro  was 
some  such  committee.  _ 

Q.  Does  that  glimmering  recollection  now  come  to  tnc 
fact,  that  tho  committeo  was  raised  for  that  purpose  l 
A.  No,  sir ;  it  docs  not  como  to  that.  It  is  sometimes 
deemed  advisable  to  ratify  in  a  formal  manner,  that  which 
has  previously  hoou  done. 

Q.  I  am  not  asking  you  about  votes  of  ratification.  W  ns 
there,  for  tho  purpose  of  taking  this  matter  into  consider¬ 
ation,  such  a  committeo  raised  l 
A.  I  will  bring  you  the  records  in  the  morning ;  I  cannot 

swear  from  recollection.  j  .  .. 

Q.  Has  not  your  company  sworn  to  this  very  fact,  in  tho 
courso  of  this  controversy  ? 

I  A.  Wo  keep  a  swearing  department,  and  I  am  unable  to 
remember  all  that  they  swear  to. 

Q.  Who  is  its  manager? 

A.  Messrs.  Porter,  Lowrey  and  Soren. 

Adjourned  until  to-morrow  at  11  A.  M. 


ij  Heading  Resumed.  1064 

I  May  23c?,  1877. 

Mr  Lowrey:  When  the  letters  of  Mr.  Davidge  was  read 
the  other  day,  I  made  my  pledge  to  tho  Court  to  produce  a 
V  sb<Tw!10re  the  papers  came  from,  and  if  General 

1  ®U“or  V  1  bopklnd  cnoueh  suspend  his  cross-examination 

I  ’  i  ?  f°r.n  f0W  m0ments  1  "'m  PU‘ «  witness  upon 
J  tbo  3tand  who  will  testify  whore  tho  letters  came  from.  ‘ 

1  u  ^rBf"‘ler ;  ■For  1  don’t  oaro  whother  you  show 

1  1066 
I  ..  .ffe  C°uri:  lr“ny  question  in  reference  to  it  is  waived 

I I  is  li  nrdlv  necessary  to  in  trod  uco  a  wi  tness. 

i  T  M'-Bufor :  I  assume  that  they  camo  from  Mr.  Davidco  • 

1  ‘ see  r8"S0I>  why  wo  should  not  take  that  fact  for 

Oross-eccaminalion  of  Mr.  Orton  resumed  by  Mr.  Butler. 

1  f0}.  'voro  aPenkine  last  ovoning  ns  to  whother  or  not  1056 

the  o  had  been  any  meeting  of  tho  executive  committee  of 
y.our  board  in  which  a  sub-committee  was  olioson  to  deter- 
!  tbls 1?“,tl0r  of  ^undruPIux  and  duplex.  Have 

;  you  tlio  books  of  tho  company  that  show  that  meeting  ? 

,;  i  A.  Yes,  sir  ;  I  havo  not  tho  books  but  I  have  a  certified 
|  from  tho,ni  oortified  to  by  tho  seorotary  of  tho  com- 

Mr.  Bailor :  I  should  prefer  to  seo  tho  books. 

•j  ha:°  mado  a  Poraon;|l  examination  of  this  1057 

~  °°P>  a,ld  11 13  3  literal  copy  of  all  them  is  on  tho  subject 

!  Mr.  Lowrey :  Wo  will  send  for  tho  books, 
i  Mr.  Bailer: 

1|  Q.  Tho /book  is  not  a  verjHargo  book,  I  supposo? 


1058  The  IKiVncri:  No,  sir,  it  is  not  very  large,  but  tbore  aro 
a  good  many  other  things  in  it. 

Q.  Yon  were  asked  by  Mr.  Lowrey  whether  you  knew 
of  a  bill  in  equity  brought  by  the  Western  Union  Company 
in  New  Jersey  against  Edison  and  you  answered  yes? 

A,  I  knew  tho  fact  generally  that  thero  was  a  suit 
brought 

Q.  Was  that  brought  by  tho  order  of  that  committco  ? 

A.  I  don’t  remembor  whether  there  was  any  special  order 
of  tho  committee  on  tho  subject 

1059  Q-  ftwns  brought  by  your  order? 

A.  It  cortainly  was  brought  by  my  authority. 

Q.  Did  you  state  your  caso  to  your  counsel  ? 

A.  I  did  undoubtedly. 

9;  ,??'d  l’ou  Put  that  case  as  you  then  understood  it,  in 
tho  bill  of  equity? 

A.  I  havo  no  recollection  of  wlmt  there  is  in  tho  bill. 

Q.  Did  thoy  at  tho  time? 

A.  I  prosumo  thoy  did. 

Q.  You  havo  no  doubt  about  it,  havo  you,  in  your  own 

1060  mmd? 

A.  Nothing  has  occurred  to  olmngo  any  impression  that  j 
I  may  have  had  at  that  time. 

*  (Dld  J’ou  sln,t0>  \n  t,mt  w».  »ny  claim  whatever  for  this 
mvention  of  quadruples  and  duplos  under  any  agreement 

A.  I  don’t  remembor  any  statement  in  tho  bill. 

Did  you  instruct  your  counsel  to  act  in  such  a  man-  | 

A-  I  don’t  remember  any  instruction  that  I  gave. 

10“  oi,t  “"S'4"  »< 

a  l<i°r’t  kl,T 1  t!i° £oimclation  of  what  claim  ? 

Q-  lhe  foundation  of  the  bargain  of  February,  1878.  f 

t  Did  vo„nb 7  T®  “  t0  Wlmt  is  in  tlmfblll.  ; 

the  purchase  of  Edison  andVrcscott  °Imm  Wh°Uy  0“  ■ 
intha^’r0  n°  recolloc.tion  ns  ‘o  what  instructions  I  gave  ’ 
tL:U  cas0'  My  if  you  will  allow  me  to  state  | 


■is  to  take  tho  advioo  of  my  counsol  in  suoh  a  proceeding  1062 
;  i  and  I  know  of  no  reason  why  that  was  not  tho  course  fol¬ 
lowed  in  that  instance. 

Q.  But  before  you  could  got  tho  advice  of  your  counsel, 
you  had  to  instruct  them  to  tho  facts,  didn’t  you? 

A.  In  that  sonso,  yes,  sir. 

Q.  You  havo  to  toll  them  facts  boforo  thoy  can  give  you 
tho  law  applicable  to  the  facts  and  their  advice  in  relation 
thereto? 

A.  Yes. 

i  Q.  I  desire  to  ask  you  whether  your  claim  or  bargain  10G8 
was  made  at  and  previous  to  January  1st,  1874? 

Mr.  Lowrey:  Since  tho  bill  in  whioh  tho  wliolo  olaim  is 
j  set  forth  is  boforo  tho  Court,  it  seems  unnecessary  to  ask 
tho  witness  what  tho  claim  is  since  it  can  bo  road,  Wo 
:  havo  no  objection  to  the  bill  going  in. 

|  The  Court :  Tho  bill  speaks  for  itself. 

(Mr.  Butler  roads  bill  in  evidence,  marked  Exhibit  Z  6.) 

Q.  I  wont  to  ask  you  if  on  tho  18th  of  October,  1874,  a 
notice  was  not  served  on  your  company  by  Mr.  Honnon, 
solicitor  for  tho  plaintiffs,  in  a  suit  ponding  boforo  tho  Su¬ 
perior  Court  in  this  city,  botwcon  Craig  and  Brown  and 
Harrington  and  Littlo  and  Edison,  tho  Automntio  Tele¬ 
graph  Company  and  tho  Nationnl  Telograpli  Company,  de¬ 
fendants,  notifying  you  that  Mr.  Harrington  olaimcd  all 
Edison’s  inventions,  and  sending  you  a  printed  copy  of  tho 
bill  in  that  caso  in  whioh  Mr.  Harrington’s  titlo  was  fully 
sot  out  ? 

Mr.  Lowrey:  Wo  object  to  that  quostion,  and  to  any 
question  whioh  states  tho  contonts  of  a  notico,  without 
handing  tho  notico  to  tho  witness  and  asking  him  if  that  is 
the  notico  served  upon  him. 

Mr.  Butler :  Thou  will  you  pleaso  produce  tho  notico  ? 

(Mr.  Lowrey  produces  tho  notico.) 


260 


261 


1066  Q.  A  bill  and  notio3  wore  Borvod  upon  you  for  your 
company  ? 

A  Do  you  mean  tlieso  l  (Referring  to  papers  handed 
•'"'a  Yes. 

A.  I  thinlc  I  have  either  seen  this  paper  or  a  copy  of  it 
before. 

Q.  And  the  hill? 

A.  I  think  I  have  seen  this. 

Q.  You  saw  it  about  tho  18th  of  October? 

1067  A.  I  have  no  rcoollection  ns  to  tho  limo ;  I  assumo  that 
it  was  delivered  to  me  somo  limo  in  tho  year  1874. 

Q.  Don’t  you  know  that  it  was  in  tho  fall  of  1874,  whon 
this  was  sorvod  upon  you? 

A.  I  liavo  soon  those  papers  somewhere ;  I  have  no  recol¬ 
lection  of  the  time  whon  I  saw  thorn. 

Q.  Don’t  you  know  timt  it  was  in  the  fall  of  1874  ? 

A.  If  I  woro  to  answer  that  question  it  would  not  bo 
becausa  I  romombor  tho  fact. 

1068  (Mr.  Butlor  roads  notioo  in  cvidonco,  mn'rked  Exhibit 
Z  7.) 

Q.  This  being  served  upon  you,  I  supposo  you  carried  it 
to  your  counsel  ? 

A.  My  impression  is  that  that  would  bo  tho  courso  that 
would  bo  taken. 

Q.  On  the  18th  page  of  this  bill  wo  find  tho  following 
words: 

(Defendant’s  counsel  objects  to  Mr.  Butlor  reading 

1069  any  of  tho  words  of  tho  bill.  Thoro  is  nothing  from 
Mr.  Orton  to  show  that  ho  received  it  at  any  particular 

Mr.  Butler :  We  And  a  suit  commenced  by  a  bill  which 
was  sworn  to  on  tho  8th  day  of  Octobor.  Wo  And  tho 
fact  of  a  notice  dated  on  tho  13th  of  October,  1874,  whioh 
recites  that  such  a  bill  has  been  filed,  nnd  which  is  directed 
to  tho  W.estcrn  Union  Telegraph  Co.  nnd  which  is  pro¬ 
duced  hero  by  them. 


The  Court:  Does  tho  notico  speak  of  tho  bill  as  Aled  ?  1070 

Mr.  Butler :  As  pending ;  yes,  sir.  It  is  entitled  in  a  case 
nnd  is  directed  to  tho  Western  Union  Telegrnph  Co.  among 
others,  and  recites  what  lias  been  rend,  nnd  of  courso  it  was 
a  notico  which  had  for  its  purpose  to  notify  thorn  what  tho 
plaintiffs  alaimed  tho  rights  of  George  Harrington  wore, 
nnd  to  do  that  thoy  sent  the  bill,  whioh  is  admitted  to  have 
been  received  at  tho  same  time. 

Mr.  Lowrey :  Nothing  of  tho  sort. 

■  Q.  Whenever  you  did  see  them,  did  you  sco  them  to¬ 
gether? 

A.  I  don't  romombor. 

Q.  Ploaso  tax  your  memory  and  say  whctlior,  whon  you 
Arst  saw  them,  you  saw  one  nnd  then  saw  tho  other? 

A.  I  linvo  not  tho  slightest  recollection  on  tho  subject. 

Until  you  called  my  attention  to  thorn,  I  had  forgotten 
that  I  had  ovor  seen  thorn  at  all.  Tho  fact  is  that  this  auto¬ 
matic  businoss  was  always  in  litigation.  1Q_2 

Q.  Never  mind  tlint.  Do  you  moan  to  tell  tho  Court, 
upon  your  oath,  that  you  don’t  know  whether,  whon  you 
®aw  them  you  saw  ono  after  tho  other,  whctlior  they  were 
received  at  different  times,  or  whothor  you  rocoivod  them 
togethor  ? 

A.  I  am  on  my  oath  all  tho  time,  sir.  I  don’t  remem¬ 
ber  whether  I  received  them  separately  or  together,  nor 
when  I  received  them. 

By  the  Court: 

1078 

Q.  Do  you  remember  receiving  them  at  all  ? 

A.  I  remember  having  seen  them,  and  I  think  I  saw 
them  in  my  office. 

By  Mr.  Butler: 

Q.  You  saw  them  in  your  oAico  ? 

A.  I  think  so. 

Q.  How  sure  are  you  of  that  ? 


I  think  I 


1074  A.  I  cannot  state  in  degrees  how  sure  I  am.  I  think  I 
saw  them  in  my  offico. 

Q.  That  is  your  best  reeolleotion  ? 

A.  That  is  my  best  belief. 

Q.  What  is  your  best  recollection  that  you  saw  them  in 
your  office  7 

A.  My  bolicf  is  founded  upon  my  reeolleotion. 

Q.  You  saw  them  in  your  office.  Did  you  know  how 
they  came  there  at  tho  time? 

A.  I  don’t  remember  that  I  stopped  to  considor  that 

1075  question  or  discuss  it. 

Q.  Did  you  not  know  or  believe  that  these  two  papers 
wore  sont  to  you  as  President  of  tho  Wostorn  Union  Tele¬ 
graph  Company  to  notify  you  of  this  suit? 

ifr.  Lowrey:  I  object  to  so  much  of  tho  question  as  re¬ 
lates  to  tho  witness’  belief.  Representing  tho  Western 
Union  Telegraph  Company,  wo  are  bound  by  his  knowl¬ 
edge,  and  not  by  his  belief. 

1076  A-  If  1  cver  sa"’ l,lom  I  was  President  of  tho  West¬ 
ern  Union  Telegraph  Company  at  tho  time.  I  havo  no 
knowledge  as  to  tho  motives  which  prompted  their  being 
sent  other  than  those  contained  in  tho  papers  themselves; 
and  have  no  belief  other  than  what  is  contained  in  tho 
papers. 

Q.  Do  you  not  believe  that  they  were  delivered  to  you  at 
your  office  together? 

A.  My  belief  is  that  they  wore  not  delivered  to  me  at 
all. 

1077  Q-  Th°y  were  sont  into  your  .  Dice? 

A  Yes,  sont  into  my  office. 

Q.  You  do  believe  that,  do  you  ? 

A.  I  think  they  were,  yes,  sir. 

Q.  Do  you  not  believe  that  these  two  papers  were  handed 
into  your  office  in  the  Western  Union  Telegraph  Company’s 
building  together  ? 

A.  I  havo  no  belief  on  tho  subject  of  their  coming  to¬ 
gether. 

ft  Have  you  any  belief  on  tho  subject  of  thoir  coming 
apart? 


1078 


A.  I  have. 

Q.  You  believe  that  they  enmo  apart,  or  togotlior? 

A.  I  have  answered  that  question.  I  have  no  belief  ns 
to  the  manner  in  which  they  came. 

Q-  What  is  your  belief  on  tho  other  branch  ? 

A.  That  they  camo  at  all  ? 

Q.  Yes. 

A.  I  believo  that  they  did. 

Q.  I  ask  you  whether  you  believe  that  they  came  to¬ 
gether? 

A.  I  have  no  knowledge  on  which  to  base  a  belief  as  to  1079 
that.  I  have  no  reeolleotion  about  tho  matter.  Nothing  is 
fixed  in  my  mind  about  it. 

Q.  When  you  got  the  pnpors  did  you  look  at  them  ? 

A.  I  don't  remember  that. 

Mr.  Butler:  I  can  prove  that  thoy  wore  loft  there 'on  the 
80th  of  October.  If  it  is  necessary,  before  I  finish  tho  ox- 
]‘i  aminntion  of  Mr.  Orton,  I  should  lilco  to  havo  the  privilege 
of  sanding  for  a  witness  to  prove  that  foot. 

!'  The  Court:  If  you  desire  to  prove  that  notice  was  served  1080 
upon  tho  Western  Union  Telegraph  Company  at  a  particu¬ 
lar  date,  I  shall  havo  to  require  additional  proof  on  that 
subject  before  I  permit  tho  pnpors  to  bo  introduced. 

.  Q-  Yon  say  they  were  handed  to  you  somo  timo  in  tho 
fall  of  1874— this  bill? 

A.  I  don't  remember. 

Q.  This  hill  whioh  you  had  in  your  hand,  and  assumed 
to  bo  received  inl874,  states  in  tho  third  clnuse  of  it  as  fol- 

1081 

(Defendant's  counsel  objects  to  tho  rending  of  tho  bill  and 
to  the  cross-examination  of  this  witness  in  reference  to  the 
contents  of  the  paper,  whioh,  so  fnr  ns  appears  by  the  testi¬ 
mony,  the  witness  never  rend,  and  which  examination  is  for 
tho  purpose  of  seeking  to  charge  the  compnny,  of  whioh 
this  witness  hnppons  to  bo  President,  with  knowledge  of  the 
*  contents  of  tho  paper.) 


264 


1082  The  Court:  You  may  show  tho  witness  any  paper,  and 
request  him  to  road  it  and  refresh  his  recollection,  and 
after  having  his  recollection  thus  refreshed,  you  can  repeat 
tho  question. 

(Hands  witness  paper.) 

Q.  I  wish  you  to  begin  and  read  botweon  thoso  two  lineB 
which  I  have  marked. 

A.  I  hnvo  read  it. 

Q.  Will  you  now  stato,  upon  your  oath,  that  you  didn't 
1088  hear  of  Mr.  Harrington’s  title  to  this  invention  prior  to 
1876? 

A.  I  don't  think  I  hnvo  over  been  asked  that  question. 

Q.  Never  mind  wlmt  you  havo  been  asked ;  wo  will  not 
discuss  that  matter  now.  Will  you  now  stato,  upon  your 
oath,  that  you  didn't  know  of  Mr;  Harrington’s  titlo,  or  of 
his  claim  of  title,  to  thoso  inventions  prior  to  1876  ? 

A.  I  do. 

Q.  Or  had  no  notice  of  it? 

A.  I  had  no  notice  of  it,  unloss  you  call  this  a  notice 
1084  wbioh  I  do  not  romomber  to  havo  road. 

Q.  You  say  you  sent  it  to  your  counsel  ? 

A.  Probably  I  did ;  I  don’t  romomber  that  fact. 

Q.  Did  you  over  consult  with  your  counsol  about  it? 

A.  Not  to  my  recollection. 

Q.  Have  you  any  dofeot  of  memory  that  you  know  of? 

A.  Not  that  I  am  aware  of. 

Q.  You  romombor  tho  ordinary  affairs  of  life,  don’t  you? 

A.  I  never  havo  gone  into  a  fine  consideration  of  that 
question. 

1086  Q-  “over  found  forgetfulness  in  your  memory  ? 

A.  Among  tho  things  that  I  have  been  charged  with  I 
don  t  know  whether  that  is  one  or  not;  I  suppose  I  havo, 
ordinarily,  a  good  memory ;  tho  difficulty  nhout  this  caso  is  ' 
that  it  is  not  possible,  I  think,  for  any  one  memory  to  ro- 
ofa  year"  PaSSeS  thr0Ugh  my  hoad  and  handa  in  tho  course 

Mr.  Sutler:  I  will  endeavor  to  prove  tho  fact  in  relation  . 


otonffia?n„1m  t 1  wUl  re3Umo  my  ^oss-examination  1086 
on  that  point  I  will  now  pass  upon  another  matter. 

duSd  )Ut°  b°°k  °f  tUe  WCS‘ern  17111011  Telo^aPl1  Co.  Pro- 

d/r.  Sutler:  I  want  tho  record  to  go  in  evidence  as  it 
stands.  On  page  448  is  recorded  tho  meeting  of  tho  80th 
of  Decombor,  1874,  of  tho  executive  committee.  That  con¬ 
tains  nothing  about  duplex  or  quadruples 


The  Witness:  Nothing  whatever. 


1087 


Mr.  Sutler:  Tlion,  on  page  449,  thoro  is  a  meeting  of  tho 

executive  committee  of  January  13th,  1876,  in  which  there 

is  nothing  that  I  see  about  this  subject.  Then,  on  tho  next  I 
page  is  460,  which  is  a  mooting  on  January  lltli,  1876,  but 

lalh  in8  n"  ,th?  She0t  nftcr  tho  mootinS  Of  January 

18t h,  in  which  wo  find  the  following:  “  On  motion,  tho  sub 
jeot  of  purchasing  tho  quadruplox  patont  was  referred  to  a  I 
commutoo,  consisting  of  tho  President  and  Messrs.  Green  \ 
and  Mumrord,  with  power.  On  motion,  adjourned."  Tho  i08f 
meeting  of  the  11th  is  recorded  on  pago  460,  and  tho  moot-  10° 
mg  of  the  18th  is  recorded  on  pago  440.  That  is  all  there 
was  on  that  day.  Thou,  at  the  meeting  of  the  18th  ofJanu- 
r  "l'ho  President  mado  a  statement  to 
the  committee  in.  reference  to  negotiations  for  tho  purchase 
of  tho  quadruplox  patent"  That  seems  to  have  been  all 
«ia  was  done  on  that  day.  At  tho  meeting  of  tho  com- 
mittee  on  the  20th  of  January  it  is  recorded :  “Tho  Presi¬ 
dent  read  his  acceptance  of  tho  terms  proposed  by  Messrs 
Edison  and  Prescott  for  tho  sale  of  tho  quadruplox  patent  10a9 
On  motion,  adjourned."  Nothing  more.  1089 

The  Witness :  No,  sir. 

Q.  Is  there  anything  about  thoso  patents  in  this  book 
before  Jnnumy  11th  ? 

A.  Nothing  that  I  can  find. 

Q.  Havo  you  examined  thorn  for  that  purposo? 

-  A.  X  have  had  them  examined  for  that  purposo. 


Jersey  bill  ?  ‘n°  ans"rer  °f  Mr.  Edison  to  that  New 

rend  it  again!  r°fflember>'  Possibly  I  could  tell  if  I  ,voro  to 

q  | ha™  “MiS  the  subjeSeaS°  i0°k  Ut  that 
A  w 3Un^ed  uP°n  recollection  ?  ' 

tr 4”  SAfac!- 

-■&SHSS;.t;A0= 

t.t  o  lo  certain  inventions.  Tb' v  I,lm-  chi™« 

^  regard,  on '«J ««2dtoiJ  h^Stf  fa 

801110  or  other  You  »««  fix  the  Jaffa 

1098  (Showing  witness  paper.) 

tyyo^omp^'up^  fhooTr  “  ‘hia  answor ‘ho  bill 
ofhnWnc  ^°^b*i°18W,  tfyou'now  ?°l1'00  b°mg served 
havtng  received  that  notice  ?  bave  any  memory  i. 

Sef1?0^  'vhieh°bns  ‘not  bLT^00 involves  tb° 

°f°ie  th0  Cow‘  fa  evidence  in  “”d  h  not  ! 


Ij’fi  It  does  not  affect  my  recollection.  1094 

H  :  Tll<m  did  y°“  hrst  see,  or  can  you  toll  when  you 

h  read  this  answer?  J 

■  A.  No,  sir,  I  cannot. 

Q.  About  when  ? 

L  A.  Nor  about  when. 

Q.  Was  it  soon  after  it  was  made? 

A.  My  impression  on  the  subject,  if  you  will  allow  it,  is 
,  .  that  I  never  read  ,t  completely  at  all.  I  think  I  merely 

•y.;  saw  lt  an<3  glanced  at  it.  J 

f  ' '  arose^ou'tkoro  b<!t"'een  Ed''3°n  and  HrirrinSton  1096 


;  fi  (Same  objection  as  before.) 


(Objection  overruled.  Exception.) 


■1 


M- fuller ;  I  propose  to  ask  if  bo  obsorvod  whether  the 

word  or  was  in  this  contract  then  sot  out  or  not 
|  (Admitted.  Exception.) 

A.  I  have  no  memory  on  that  subjeot 
J  Q.  Whether  it  was  or  was  not? 

A.  No,  sir.  1096 

Q.  Please  look  at  defendant’s  Ex.  No.  29  (handing  wit- 

"»”5I2,  oXL“;  w“"  p*'““ 

The  Court;  You  may  ask  him  under  what  circumstances 
and  on  what  occasion  it  was  given. 

Q.  I  ask  yon  whether  this  release  which  you  have  hero,  1097 
and  which!  have  read  to  you,  was  a  release  in  settlement  1097 
ot  that  suit  or  under  what  circumstances  it  was  given? 

(Objected  to.) 

The  Court :  TI10  question  involves  something  ns  to  the 
contents  of  the  paper.  That  papor  speaks  for  itself.  You 
may  show  under  what  circumstances  and  on  what  occasion 
it  was  given. 


1098  Q.  Wkit  legal  controversies  were  settled  by  this  release? 

a«seltt?e’d0ntb°  ^  ****""*  W** 

iciitsssr ,ea  to  «  - 

«-2S^sr4;“*ct---N 

37,e  Comt:  The  objection  is  well  takon. 

ofiSrr1110  0ircUmStanC°3  ooncorninS  the  giving 
■A.  Mr.  Edison  had  made  overtures  tons  for  cmnlovnumi 
.  p'™ 

1100 

eoivo  an  answer  which  I  do  not  want  1 

Q.  Do  you  know  whether  there  entered  into  this  release 
the?eons, deration  of  the  settlement  of  the  N^  Jemey 

(Objeotod  to.  Objeotion  sustained.  Exception.) 

U01  at  il  ornot?  *”* '***  N°W Jore<* suit ™s  settled 

A  I  do  not 

Q.  Did  you  have  anything  to  do  with  gottinc  ud  thi,  ™ 
lease,  or  with  tho  negotiations  which  led  to  it?  S  P 

son  and  AIV  t"S  Pap01/  a"d  lwd  00nferenecs  with  Mr.  Edi- 
son  nncl  Air.  Lowrcy  about  that 

Q.  I  will  ask  you  whether  the  New  Jersey  suit  or  ife  set- 


is  papor,  Exhibit  No.  SO  ? 

(Objected  to,  on  the  ground  that  the  papor  sums  up  all 
negotiations  and  expresses  all  that  went  before.)  P  ' 

Pnp°r  r°f0rs  *°  eortain  controvoisies  or 
£1  W  Tr*0  Sh0W  ‘°  wlmt  controversies  and 
litigations  it  refers.  It  does  not  state  on  its  (nm  nn,i  „  • 

•  denco  in  regard  to  that  is  admissible,  if  I  can  only  got  tho 
counsel  to  put  his  question  in  such  a  form  that  ho'  wd/  not  nna 
be  subjected  to  criticism  upon  the  other  side.  To  avoid  U°3 
5  "Ss  ‘WV°  rSge3tol  t  mt  110  Mk  th0  witness  to  what  litiga 
;  stood  fmmTVOrS,OS  f003  thi,S  pap0r  rofor-  1  >*nve  under- 

no  obicZn  m  °°T  Upon.tho  ot,lor  si(1°  «>at  there  will  be 
no  objection  to  such  a  question. 

Q;  In  that  papor  there  are  used  tho  words  “  local  conlro 

whan  ^°tWC,en  Ed-SOn  aDd  tbo  Westorn  Union.  To 
what  legal  controversies  do  they  refer  to  ? 

A.  They  refer  to  whatever  was  ponding,  I  suppose 
Q.  Behind  enough  to  tell  mo  what  was  pondfne.  1101 

A  I  believe  the  New  Jersey  suit  was. 

Q.  Did  it  rofer  to  all  that  were  pondiug? 

A  That  is  a  question  of  construction,  it  seems  to  mo. 

[|  neSiST  “Dy  Wri“0n  PaP°r  'Vb!0b  makes  a  pMt  °f ' *•» 

I  |  PnP°r  executed, according  1lnK 

I  t0  “Pression  now-,  at  tho  samo  time  this  was.  1106 

1,1  Q.  Whore  is  that? 

islIfTrVV'3"  tb0  “usl°dy  of  the  secretary;  that 
wouId  noUet  ml  **  ab°Ut  B  ,itU#  wWh  Vh  -d  you 

dcEtoSfi? th0  paper- Counsel  for  defbndants 


*  touted  at  tl,0  safflflt'-"18  °f  t,lk 
romombranoo  ?  mo  as  th,s,  according  to  your 

^  1  oannot  remember  positively. 

■W,e  Witness:  I  will  *„n  ,, 

“  t0U  tlle  ^ory  frankly. 

i^^Por  if  I 

lit  rpor  about?  “sk  you  'Wmt 

sou-abouthissTrtTool”150114  ‘b°  ““Payment  of  Mr.  Edi. 

1108  J/r.  Sutler  •  T  «#»  * 

side  for  that  paper  °a  Upon  tbo  counsel  upon  the  other 

**  ^ 

■&>'•  -Dickerson:  We 

t~i«.  n,.aw 

”*  «w- 

1109  ifr.  Xowrey ;  ye3. 

?eo‘t°  the  contents  of  that  n  j 

'  dn  substance  ?  PaPer  M  you  recollect  it  ? 

giVA°.  ™  contents  of  t?‘  ab°'lt-'  ««r  I  want  you  to  J 
you  the  substanc?"601  What  tbe  conloats  were;  X  can  giyo  j 


U  Jfr.  Sutler  :  Tell  your  counsel. 

1  soifrcSTo  tl11  T  i“  °°ntra0t  exccuted  with  Mr-  Edi- 

/  ;  ?  ,°Ttl10  development  of  wlmt  is  called  «  acous 

b  ‘clcgiaph."  I  think  the  execution  of  these  two  ™ 

B:  rnk.S  tantmlly  C0,,0Urrent;  *0  negotiations  were  l 
*•'  ’  1111 
I  fort'  UWtV  •'  1  re°OgniZ0  ft°  Wer  at-onc°.  a"d  will  send 

r  2  “n3idorntion  P“id  for  that  release  ? 

i ‘  ’  Q.  Yes.y  ’  dld  W°  elve  bim  any  money  l 

'.I  A.  I  think  we  did  not. 

fef  2  To  tl0U  ,k“?'V  7llethor  y°u  did  or  not  ? 

know.  company  examined,  and  lot  you 

2  TZtf  '"Z  thnt  y°u  Pa'd  him  any  money  ? 

J-  o  l  k,T,.th!lt  we  Paid  him  any.  7 

t  J  „ou  d°n  t  bohovo  that  you  did  ?  ^ 

j  paW  £V°  °Wed  ““  anj,thiDS  at  tba  «me  we  probably 

!  i.i2any°mont?Ut  ™  didi  did  **  ™  ^ 

•  O  trhinS’  Zmy  know]cdgc- 

given  hi,tonTddkrtor°nthes00nCOrn0t1’  ^  y°“  ever 

"nsi: 


1114  .«££.“  “ “  ““  “  '•  ■ 

-a 

rupfo'c'nnd’dm  l^X''ibit  ?  “toquS 

orn  Union  ?  P '  Deg°tmtod  ‘°  be  Passcd  «»  West- 

U15  self°bj00t0d  ‘°  °“  tb°  610011(1  “““  th0  PaP°r  sP°“k=  for  it- 

raioo°d=F  ^a™«K  rrs 

s  passed.  You  may  show  the  contents  of  the  other  pa- 


1110  „±I,d0Sir°  t°.ask  *ou  whether,  in  the  course  of  this 

(Objected  to.  Objection  sustained.  Exception.) 

panCtSo\tr7°TrUrkn0"'ICdf0'  th°  Moslem  Union  Com- 
JlexY  °“  anyth'ng  &r  duplex  and  du- 


plex?  ‘  anym,ne  “r  quadruplox  and  du- 

1117  (Objected  to  as  immaterial.) 

...w.r'tix-1”'6'""1'""'-  obj'“» 


thoi6,0007  auadrup,exa 

A.  No,  sir,  not  directly  on  that  account 


I  Q.  Have  you  indirectly  ? 

I  n  £sll°,Uld  Say  W0  1,ad  a  Pretty  largo  sum.  1118 

1$  How  ? 

\  Lt ZEST* 10 — »»- p*«« i* ... 

/  •  ?•  S“V8  10  B7'  y0a, havo  Paid  llis  Iftw  expenses? 

a.  Wo  have  advanced  the  money  •  yes  sir  * 

Q-  And  charged  it  to  him  ?  ’ 

h  me 

bee.n  ^  account  Of  quadruplox  and  duplex?  ^ 

A.  I  don  t  know ;  I  don’t  koop  the  books, 
j  Q.  Do  you  know  of  one  ? 

S  A.  I  do  not 

foHt  except  tho^sJoooT  ^P0"803’  you  ^,nvo  Pn'd  -thing 

!  t  bro"d  °nou6L 

|  A.  Yes. 

I  ^  ThaUs all.0  eSp0DSCS  °f  ‘b°  tU1°  and  Patonta?  1U° 

4bS™cr  » >-“%  >»  w 

,4.;.rid'""  ‘"V“  “  W  M-.  pretty 

Q.  How  many  quadruplox  circuits  have  you  running? 

A.  I  cannot  toll  from  memory.  S  7 

Q.  About  how  many  ? 

a£C:^IXteODOUtOP:l,ON-  Y°rk  office.  1121 
A  I  nl  i  n,VCS  mo  a  very  smttll  proportion.  1121 

A.  I  cannot  toll  you,  becauso  this  does  not  comn 
my  personal  knowledge.  I  do  not  tnl-„  „„  como  within 
working  of  the  circuits  in  detail  “^zanco  of  the 

Q.  I  wish  you  to  give  me  an  answer  ns  nearly  „s  you  can 
ns  to  bow  many  quadruplox  you  arc  using  in  nlf  ? 

met  guess  rkyiltb°inf0rmali0n  doflnito&.  but  ‘his  in 
“  guess  wot  k,  i  can  asoortain. 

Q.  Will  you  give  mo  that  information  ? 


274 


275 


1122  A.  Certainly,  I  will  give  it  to  you  exactly.  I  will  send 
a  memorandum  which  will  cover  the  case  and  which  you 
may  tako  as  my  answer  to  the  question. 

Q.  Have  you  ever  staled  in  substance,  I  do  not  want 
words  now,  that  Prescott,  being  the  electrician  of  tho  eom- 
pany,  you  had  tho  nunns  of  compelling,  without  payment, 
a  transfer  of  his  interest? 

A.  Never. 

Q.  Or  anything  liko  that? 

1128  A.  Never  anything  like  that.  I  desire  to  mako  my 
answer  ns  broad  ns  language  eanframo  it. 

Q  Did  you  not  know  that  tho  counsel  for  Mr.  Prescott, 
before  tho  Secretary  of  the  Interior,  disclaimed  that  tho 
Western  Union  had  any  title  to  these  inventions  in  1875? 

(Objeoted  to  on  tho  ground  that  tho  counsel  for  Mr. 
Prescott  cannot  bind  tho  Western  Union  Company.  Ob¬ 
jection  sustained.) 

1124  Q-  Did  you  rcceivo  n  letter  from  Mr.  Edison  before  you 
wont  to  Europe  ? 

A.  In  1874? 


A.  Not  to  my  reoollootion. 

Q.  Have  you  looked  to  sec? 

A.  I  huvo  looked  to  find  every  sornp  of  paper  writtou  bv 
Mr.  Edison  in  our  office.  J 

Q.  Do  you  remember  Mr.  Miller  bringing  you  one  ? 

A.  I  do  not. 

1126  Q-  Did  you  learn  from  Mr.  Eckert  or  either  of  them 
that  they  had  been  over  to  see  tho  quadruples  work  ?  ’ 

A.  I  don’t  remember  that  I  did  ;  thoy  may  have  men¬ 
tioned  the  matter  to  me.  I  hnvo  no  recollection  of  it. 

Q.  You  hnvo  no  remembrance  ? 

A.  No  j  if  they  should  say  that  they  did  I  should  un¬ 
doubtedly  believe  it. 

\r  °nf1Q  D0'v  t0  l*10  IniUtor  °f  your  eommuuieation 
with  Mr.  Reiff.  You  had  an  interview  with  him  at  Mr. 
Barney's  office  ? 

A.  Yes. 


Q.  You  asked  Mr.  Barney  to  send  for  him?  1126 

A.  I  think  I  expressed  a  desire  to  moot  Mr.  Roiff  and  to 
havo  an  interview  with  him.  I  don’t  remember  oxactly 
how  it  was,  but  Mr.  Barney  did  so  and  there  was  an  inter¬ 
view  at  his  office. 

Q.  You  met  there? 

A.  Yes. 

Q.  I  desire  to  ask  you  to  toll  mo  what  was  said  in  winch 
Mr.  Harrington’s  nnmo  onme  in  in  that  interview? 

A.  I  think  I  told  Mr.  Roiff  of  tho  interview  I  had  had 
witli  Mr.  Davidgo,  and  that  Mr.  Davidgo  produced  to  mo  1127 
authority  from  Mr.  Harrington  to  soli  eleven-twentieths  of 
tho  automatic ;  I  am  quite  positive  I  told  Mr.  Reiff  that. 

Q.  Was  there  any  otlior  place  where  Mr.  Harrington’s 
name  came  in? 

A.  I  don’t  recollect  any  at  this  moment. 

Q.  Didn’t  Mr.  Roiff  say  to  you  that  Mr.  Harrington  owned 
Edison’s  inventions? 

A.  I  don’t  remember  tho  phrases  that  passed  betweon  us. 

Q.  Never  mind  tho  phrases;  did  ho  say  that  to  you  in 
substance?  1128 

A.  Ho  did  not,  or  what  that  implies;  Mr.  Reiff  never 
said  to  mo  what  carried  to  my  mind  the  conviction  that  ho 
set  up  any  claim,  on  behalf  of  Mr.  Harrington,  for  anything 
but  tho  automatic  patents ;  we  were  talking  about  tho  au¬ 
tomatic. 

Q.  Did  Mr.  Roiff  toll  you  that  Mr.  Harrington  owned  tho 
nntomatio  ? 

A.  Ho  told  mo  that  Harrington  held  them,  but  ho  didn’t 
toll  mo  that  ho  owned  them ;  I  understood  him  that  thoy 
wore  held  on  behalf  of  tho  Automatic  Company.  1129 

Q.  They  wore  held  amongst  them  in  some  way  ? 

A.  Yes. 

Q.  Through  Harrington  ? 

A.  Some  explanation  was  mado  as  to  that. 

Q.  Now  pass  to  tho  next  interview ;  you  enmo  in  on  tho 
16th  and  said,  "let’s  to  business?" 

A.  Yes. 

Q.  You  then  said,  did  you  not,  “I  don’t  want  tho  Na¬ 
tional  wire;  I  don’t  value  that;  I  don’t  want  tho  Baino 


1181  t 


1180  and  Littlo  systoms ;  I  don’t  value  thorn  ;  what  I  do  want  is 
Edison’s  patent;’’  did  you  not? 

A.  No,  sir ;  the  conversation  didn’t  occur  in  that  order. 

Q.  You  think  it  did  not? 

A.  No,  sir. 

Q.  State  in  what  order  it  did  occur? 

A.  My  improssion  is - 

Q.  Givo  your  memory,  if  you  please  ? 

A.  When  I  say  that  I  mean  my  memory.  My  best  re¬ 
collection  oti  tho  subject  is  that  I  was  pressing  for  an  nnswor 
1  to  my  question  ns  to  price,  and  that  I  thought  the  figures 
named  by  Mr.  Davidge 

Q.  I  didn’t  nsk  you  whnt  you  thought.  I  asked  you  to 
stato  what  you  said  ? 

A.  Mr.  Barnoy  (that  is  my  recollection)  or  Mr.  Roiff,  I 
cannot  roinembor  positively  which,  asked  mo,  when  I  was 
pressing  for  a  price,  whether  I  wantod  tho  price  to  covor  tho 
whole  thing  or  not,  and  I  said  no,  thnt  I  didn’t  care  any¬ 
thing  about  tho  National  Tolograph ;  it  was  a  lino  of  bean 
poles  with  ouo  wiro;  I  didn’t  care  anything  about  tho 
1182  Littlo  patents  in  view  of  tho  discussion  that  I  had  with  Mr. 
Rieff,  and  of  his  explanation  wherein  ho  had  said  that  they 
woro  worth  nothing. 

Q.  Go  on  and  tell  whnt  was  stated,  if  you  plcnso? 

A.  I  stated  that  I  wanted  thorn  to  givo  mo  a  prieo  for 
tho  Edison  pntonts  for  tho  automatic. 

Q.  You  moan  a  prico  for  Edison's  patents  for  tho  auto- 
matio? 

A.  Thnt  is  tho  substanco. 

Q.  Did  you  put  in  tho  word  automatic? 

1188  A.  It  was  all  about  automatic;  I  cannot  toll  you  how 
many  times  I  repeated  tho  word ;  I  don’t  remember  whether 
it  was  in  that  connection  or  not. 

Q.  But  your  moaning  was  to  ask  for  a  prico  for  tho  auto¬ 
matic  alone  ? 

A.  Yes. 

Q.  Edison’s  inventions  for  tho  automatio  ? 

A.  Edison’s  inventions  for  the  automatic. 

Q.  Whoever  hold  them  ? 

b  A-  '1,lier0  '™3  no  discussion  in  that  respect  that  I  romom- 


I 


It 


Q.  ’Whoever  hold  them  you  wanted  them  ?  1184 

A.  Edison’s  inventions  of  tho  automatic  would  linvo  to 
bo  convoyed  from  Harrington  instead  of  from  tho  Auto- 
mull o  Company,  ns  tho  title  then  stood,  as  I  understood. 

Thnt  was  all  the  connection  that  Mr.  Harrington  had  with 
the  conversation  that  I  remember. 

Q.  Now,  then,  did  you,  after  Mr.  Roiff  left,  turn  to  Mr 
Barney  and  ask  his  advice  ns  to  what  offer  you  ou-ht  to 
mnko?  ° 

A.  I  did  not;  I  never  took  nnybodys  advice  in  regard 
to  whnt  offer  I  should  mnko  in  my  life.  1185 

Q.  Did  you  not  sny  to  him  in  substance  “  whnt  shall  I 
do ;  whnt  would  you  ndviso  mo  to  offor  ?’’ 

A.  No,  sir. 

Q.  Didn’t  ho  in  reply  to  that  say,  “I  hnvo  no  authority 
to  mnko  any  offer,  but  would  ndviso  you  to  oiler  so  and 
so  ?" 

A.  I  think  thnt  it  came  in  tho  form  of  a  suggestion  from 
Mr.  Barnoy  to  tho  offcct  that  a  certain  proposition  made  by 
mo  would  bo  favorably  entertained.  My  nnswor  was, 11  don’t 
go  any  furthor  Mr.  Barnoy,  good  morning."  1130 

Q.  Wo  hnvon’tgot  to  tho  good  morning  yet.  You  told 
us  thnt  you  didn’t  nsk  .Mr.  Barney  to  ndviso  you  ? 

A.  No,  I  did  not. 

Q.  Are  you  suro  about  that  ? 

A.  I  am  certain. 

Q.  Haven’t  you  within  a  fortnight  conversed  with  Mr. 

Barnoy  upon  tho  subject? 

A.  I  have. 

Q.  Now,  sir,  in  nnswor  to  your  question,  didn’t  Mr. 

Barney  say,  “  Whilo  I  hnvo  no  authority  to  make  any  offer,  1137 
I  would  suggest  that  you  mnko  an  oiler  of  so  and  so  ? 

A.  No,  you  now  refer  to  my  recent  conversation  with 
Mr.  Barney. 

Q.  No,  sir,  I  refer  to  tho  time  when  you  woro  there  on  tho 
10th  of  June. 

A.  Ihavo  just  answored  that  question.  Do  you  want 
mo  to  givo  the  suggestion  I  spoke  of  in  detail  ? 

Q.  Yes. 


1138  A.  Mr.  Barney  says  ™1ifnn“ors''sl  mae“ual' to  be 

offer  bo  made,"  running  over  Ins  h  a  >  „  of  $500,000  * 

paid  to  so  and  so,  an  so i  inuo  >  aisoussion  bas  been  J 

in  casb."  The  proposition  during  J 

SO  much  for  cash - 

A.  That  i's'ivbaT "said  lam^eUmg  h«  —  ^ 

• 

right  away.  • 

1189  (i  What  did [  bo  say  ?  ^  the  amount  of  cash  J 

V  d°n  i  rsSSOOOOO;  after  lie  bad  commenced  to 
that  bo  named  was  $600, ouu,  fullllor)  good  morn- 

•ngfitlsTseless  to'di’scuss  it,”  and  that  was  the  end  of  the 

4.VSn  the  offer  which  he  proposed  was  stopped  in  the 

!L  stopped  aetually  before  a  eomplete  offer  was  ^ 

xuo-tw 

h.  $500,000  »M1-  »  «opl 

"t  '“'“l  “  buJr  “ 


Tiis  inventions  for  the  automatic  at  that  time,  because  you  1142 
believed  that  you  had  the  quadruplex  and  duplex  by  a 
proper  title. 

A.  I  never  said  anything  of  the  kind;  nothing  of  the 
\  sort  was  said  by  anybody. 

),\  Q  You  “'«>  ‘*‘a‘  30u  didn’t  care  for  Little;  that  you 
i'i  “ldn  \mro  for  Baino  i  ‘hat  you  didn’t  care  for  the  National 
line ;  but  you  wanted  a  price  for  Edison’s  automatic  invou- 
;  tions;  Now>  1  "slc  y°»  Whether  the  reason  you  only  wanted 
'  a  price  for  Edison’s  automatic  inventions  was  because,  in 
%  jowovru  mind,  you  believed  that  you  bad  the  quadruplex  1148 
.  and  duplex. 

hx  A.  Tho  two  subjects  woro  not  connected.  There  was 
)  nothing  suggested  about  quadruplex  and  duplox  in  that 
;Sj  connection. 

if  Q.  This  was  tho  18th  of  June.  Didn't  Mr.  Edison  come 
t0  3'0U  ‘o  borrow  money  beforo  tho  19th,  beforo  ho  went 
away  ? 

?;|  A"  h  think  I  mndo  an  arrangement  by  which  ho  cot 
$5,000  on  tlio  80th,  boforo  ho  wont  nwny. 

Q.  The  $10,000  I  nin  talking  about?  1144 

A.  I  cannot  recollect  distinctly  whether  Mr.  Edison  ap¬ 
plied  to  mo  in  person  for  that,  but  somebody  spoko  to  mein 
Mr.  Edison's  bolinlf. 

Q.  Didn’t  you  toll  us  tlio  other  day  that  Mr.  Edison  said 
to  you  that  ho  had  a  chattel  mortgage  etc.,  nnd  wanted  to 
hypothecate  his  interest  in  automatic  ? 

A.  That  conversation  was  on  tlio  8th  or  9th  of  July. 

|  Q'  Dill,1’‘  yo«  thou  say  to  us  that  you  said  “I  won’t  giro 
>  $10,000  for  all  these  traps?’’  wont  give 

A.  Yes.  1146 

Q.  Meaning  all  of  his  automatic  inventions  ? 

A.  That  is  what  I  meant. 

'  Q-  Although  they  might  possibly  sell  for  that? 

‘  A.  Might  bo  good  collateral  security  for  that, 
f  9"  1  dcsiro  now  to  ask  y°u  "hout  the  letter  of  Mr.  Eoill 
j  which  has  boon  called  tho  anonymous  letter.  Did  you 
j  kn°w,  from  tlio  handwriting,  or  otherwise,  from  whom  it 
came? 

j  A.  I  had  not  tho  slightest  idea. 


Q.  Did  you  take  it  to  bo  a  blackmailing  letter  when  you 
received  it? 

A.  I  don't  know  that  any  sucli  idea  ontored  my  mind.  I 
don’t  remember  wliat  passed  through  my  mind  at  the  time. 
I  think  I  took  it  as  n  hint 
Q.  For  what? 

A.  That  it  would  be  worth  while  to  reopen  relations  with 
Hr.  Eoiff. 

Mr.  Butler:  Mr.  Lowrey,  will  you  givo  mo  those  letters 
of  Mr.  Orton’s  which  you  identified  and  produced  here? 

Mr.  Lowrey:  No,  sir;  I  deelino  to  produco  them. 


1148 


1140 


Q.  You  opened  a  correspondence  with  him  boforo  and 
since? 

A.  No,  sir. 

Q.  But  ho  has  with  you  ? 

A.  Yes. 

Q.  You  two  liavo  boon  corresponding? 

A.  To  some  extent 
Q.  By  letter? 

A.  Occasionally. 

Q.  You  havo  boon  making  overtures  ? 

A.  No,  sir. 

Q.  Or  propositions? 

A.  No,  sir. 

Q.  To  buy  his  interest  in  the  quadruplox? 

A.  The  overtures  all  came  from  tho  othor  way,  and  tho 
propositions  all  enmo  from  tho  othor  way,  with  perhaps  a 
modification  of  ono  of  his. 


(Eeecss.) 


After  Becess. 

Q.  I  desire  to  ask  you  but  a  single  question  more,  and 
that  is,  whether  Mr.  Beift  did  not  say  to  you  that  ho  could 
not  make  a  price  at  that  time,  on  account  of  some  obliga¬ 
tions  ho  had  with  othor  pcoplo  ? 


A.  I  don’t  think  Mr.  Boiff  did  mnko  a  price.  I  don’t  ro'’  1 1 
member  what  was  said  about  it. 

Q.  Have  you  such  a  momory  that  you  can  toll  wliethor 
Mr.  Boiff  said  that  or  not  ? 

.  A.  ^I  don’t  remember  of  his  saying  it  Ho  may  havo 

Q.  When  did  you  first  learn  of  the  agreement  of  August 
19th  between  Mr.  Prescott  and  Mr.  Edison? 

A.  I  havo  no  recollection  concerning  tho  matter  of  Au¬ 
gust  18th,  except  of  hearing  that  tho  agreement  of  July  had 
been  made  over  again  for  somo  informality.  1151 

Q.  About  tho  timo  it  wns  done  ?  110i' 

A.  Probably.  It  is  a  more  assumption. 

Q.  That  is  all  you  heard  about  it  ? 

A.  That  is  all  I  recollect  about  it.  Tho  making  of  it 
over  was  nothing  with  which  I  had  to  do. 

Q.  I  want  to  ask  you  further,  whotlior  you  did  not  got 
from  Mr.  Mutnford,  at  Chicago,  in  January,  a  notice  that 
Mr.  Edison  wns  soiling  out,  or  words  to  that  effect— somo 
notioo  ? 


Q.  You  told  us  you  got  somo  telegrams  upon  somo  sub-  H62 

A.  I  havo  examined  tho  records  of  Mr.  Mutnford,  nnd 
the  files  of  tho  office,  with  tlfo  view  of  developing,  nnd  I  find 
nothing  on  the  subject. 

Q.  And  of  your  momory  you  don’t  know  ? 

A.  Of  my  momory  I  do  not  recall  anything;  loan  only 
recall  tho  fact  that  what  brought  mo  homo  was  tho  state  of 
my  health. 

Q.  Had  you,  in  any  way,  consulted  with  your  directors 
or  your  executive  ooinmittoo,  about  quadruplox,  prior  to  tho  , .  r„ 
10th  of  December,  1874,  that  you  remember?  1 163 

A.  If  you  moan  by  consultation,  whether  wo  had  discus- 
sea  tho  subject  from  time  to  time _ 

Q.  Whether  you  had  reported  to  them  ? 

A.  I  had. 


Q.  In  a  meeting? 

A.  In  frequent  meetings. 

Q.  But  nothing  that  wont  on  tho  record  ? 


1164  A.  No,  sir?  tlio  records  represent  but  littlo  o£  wlittt  tran¬ 
spires  at  tho  meetings. 

Q.  Why  I  ashed  was,  I  find  in  one  of  the  records  that 
you  bring  me,  that  it  is  stated  that  you  had  reported  to 

A.  Yes,  sir. 

(Mr.  Lowroy  here  handed  Gen.  Butler  an  agreement  which 
tho  latter  had  asked  for.  It  was  an  agreement  between  tho 
Western  Union  Tel.  Co.  and  Mr.  Edison,  of  December, 

1166  1873.) 

Tho  witness  stated  that  it  formed  a  part  of  a  transaction 
in  which  nnothor  paper  was  drawn.  Ho  snid : 

"My  impression  is  that  tho  two  papers  woro  made  to¬ 
gether.” 

Q.  Was  not  this  a  part  of  tho  same  transaction  ns  the 
rolcnso  ? 

A.  They  woro  botli  mndo  substantially  at  tho  same  time ; 

1166  ^  d>is  connection  that  the  whole  negotiation 

was  carried  on  between  Mr.  Edison  and  Mr.  lowroy,  and  I 
approved  and  ratified  what  had  boon  agreed  upon  between 
the  two  gentlemen,  after  a  good  deal  of  conference  and 
negotiation, 

Q.  Did  you  get  a  messago  while  you  wore  at  Chicago, 
during  tho  summer  of  1874.  from  Mr.  Mum  ford  or  Mr. 
Prescott,  that  Mr.  Harrington  claimed  tho  quadruples  ? 

A.  I  hnvo  no  recollection  of  any  such  message. 

Q.  Hnvo  you  such  a  recollection  that  you  can  say  you  did 

1167  not? 

A.  I  think  I  can  answer  that  question ;  that  I  did  not,  be¬ 
cause  my  mind  was  noycr  charged  with  any  such  impression 
from  any  source. 

Rc-Mnct  examination  by  Mr.  Dickerson : 

nr  ^.7  °"  'mV0  'lcon  nsl'0ll  ebout  a  correspondence  between 
Mr.  Belli  and  yourself,  additional  to  that  which  is  contained 
m  tho  so-called  anonymous  letters,  and  whatever  letters 


Horn  1168 

A.  1  think  you  misunderstood  me. 

Q.  Lot  us  hnvo  it  right? 

.  A-  ,Wo  liav0  ,latl  correspondence ;  I  think  a  larger  num¬ 
ber  of  communications  hnvo  passed  from  Mr.Boiff  tome 
than  front  me  to  him,  but  doubtless  I  have  written  to  him. 

Q-  Have  you  those  letters  hero  or  some  of  thorn  ? 

A.  I  have  somo  of  them. 

Q.  I  will  pass  that  subject  for  tho  present.  You  were  ‘ 
asked  about  tho  number  of  circuits,  and  you  snid  you  would 

got  your  information  from  your  superintendent.  IIow  many  1150 

= q,!z£  r tho  ]ine  “ to- 

A.  The  last  information  is  from  tho  assistant  electrician 
who  has  immediate  chnrgo  of  this  subjeot  Ho  reports 
that  there  are  48  c.rouits  at  work  to-day,  with  06  sets  of  an- 
parntus.  1 

■■i  „  Q-  IVTnr,1°tt0r  t0  the  Nostmnstor-Gonoral,  in  print,  I 
|  find  on  tho  10th  page,  this  statement:  “Tho  next  notable 
i  ftatomont  ‘lie  report  relates  to  what  is  therein  styled, 

-5  the  automatic  or  fast  system !'  ”  and  I  see  that  those  words  11C0 

1  LooZ^tZ  7St6mC  pUt  in  <lu°tati°a 

:  -LiOok  at  it,  and  state  from  what  that  is  quoted  ? 

A.  I  don’t  romember,  sir. 

Q.  I  find  also,  what  is  therein  styled  “in  tho  report” 
u  lint  report  is  roforrod  to  in  tlint  Inngungo  ? 

;  'fl'c  roport  of  tho  Postmnstor-Gonoral. 

,p°  which  this  letter  purports  to  relate  ns  a 

:  j  A.  Yes,  sir.  11B1 

\  Is J1  truo  tllnt  i1  styled  in  that  roport  to  tho  Post- 

:  roaster- General,  the  automatic  or  fast  system. 

-  (Objected  to.  Objection  sustained.) 

O'  Ia  that  n  truo  statement  of  tlio  fact  ns  you  there  have 

•if.  1  ca,lll0t  answor  tlint  question  from  my  reo  Election  of 
the  Postmastor-Goncrars  report. 


1162  Q.  I  also  find  on  that  samo  page:  “It  is  not  a  novelty. 
There  lies  besido  me,  as  I  write,  a  pamphlet  bearing  date, 
December  1st,  1869,  throughout  whoso  twenty-two  pages  the 
praises  of  what  it  had  then  achiovcd  aro  glowingly  sot  forth." 
Did  you  have  such  a  pamphlet  ns  that,  sir  ? 

A.  Yes,  sir. 

Q.  When  did  you  first  know  of  that  pamphlet? 

A.  I  first  saw  that  pamphlet  in  Liverpool,  in  December, 
1869. 

Q.  Have  you  that  pamphlet  with  you? 

1163  A.  This  is  a  copy  of  the  pamphlet.  (Producing  it) 

(Pamphlet  ottered  in  evidence.  Objected  to  on  the  ground 
that  it  is  not  in  answer  to  anything  brought  out  on  the 
cross-examination.) 

(Objeotion  sustained.) 

Q.  You  wero  naked  by  the  learned  counsol:  "  You  thou 
bolioved  that  tho  automatic  was  at  that  time,  1878,  an  on- 

1104  tiroly  perfected  and  complotod  nil’air,"  and  you  answered, 
"  Woll,  from  tho  mnnnor  it  was  treated  by  those  connected 
with  it" — whnt  did  you  mean  by  that  answer? 

(Objected  to  j  objection  overruled ;  exception  taken  by 
pinintills.) 

A.  I  moan  that  it  wns  presented  to  tho  public  ns  a  com¬ 
pleted  thing  ready  to  enter  upon  tho  work  for  which  it  was 
designed. 

Q.  How  presented  to  tho  public  ? 

1165  A.  By  soliciting  custom,  and  through  representations  in 
tho  nowspnpors. 

(Answer  objected  to  by  Mr.  Butler.) 

Mr.  Dickerson;  I  desire  to  ask  tho  witness  in  gcnoral  how 
fully  ho  was  informed  and  upon  whnt  ho  wns  rolying  and 
noting? 

(Objeotion  sustained.) 


| J  Q.  You  wore  askod,  "When  you  wero  going  into  this  1166 
■  ;  transaction  of  so  much  importaneo  "  (I  am  using  tho  Inn- 
i  gnngo  of  tho  counsel),  meaning  your  arrangement  with  Mr. 

5  Edison  for  exploiting  duplex  telegraph  ;  “  why  did  you  not 
make  inquiries  further  than  those  you  did  make,  in  relation 
to  his  connection  with  anybody  else,  or  in  relation  to  his 
obligations.”  Will  you  state  to  tho  Court  how  much  im¬ 
portance  you  attached  to  that  arrangement  with  Mr.  Edison 
at  the  time  it  was  made? 

A.  It  is  difficult  for  mo  to  say  how  muoh  importaneo  I  1167 
|  attached  to  it.  I  did  not  attach  much  at  that  time. 

Q.  At  tho  timo  you  made  that  arrangement  wns  whnt  is 
•  now  popularly  called  qundruplox  beforo  you  at  all  ? 

A.  No,  sir,  not  at  all.  Perhaps  I  ought  to  add  that  tho 
possibility  of  sending  more  messages  than  two  had  been 
discussed  tho  year  before  with  Mr.  Stearns. 

Q.  That  was  a  possibility  wbioh  was. discussed? 

A.  Yes,  Bir. 

Q.  You  wero  asked  about  the  letter  of  tho  26th  of  Jan- 
;  nary  from  Mr.  Edison  to  you  or  to  tho  Western  Union  Tel-  1168 
: egrnph  Co.,  about  tho  dato  of  which  tliero  wns  somo  ques- 
tion,  tho  original  letter  itself  having  been  temporarily,  if 
:  not  perpetually,  lost  in  tho  progress  of  this  ease.  Do  you 
:■  remember  tho  date  of  that  letter? 

A.  I  do  not  from  recollection. 

Q.  Do  you  remember  tho  timo  when  it  wns  received,  or 
tho  date  of  the  post  mark  nmlor  which  it  was  received— tho 
r  Washington  lotter  of  Edison,  dated  and  post-mnrked  Wasli- 
!  ington  and  Now  York  1 

A.  I  linvo  a  recollection  about  that  j  I  answered  your 
.  question  supposing  it  roluted  to  another  j  my  rccollcc-  nog 
;  tion  is  that  that  lottor  wns  dated  tho  26th  of  January,  and 
:'j  that  it  wns  post-marked  dated  Washington,  20th  of  Jnu- 
j  nary,  and  post-mnrked  Now  York  city,  February  8th  or  9th ; 

■:{  it  might  linvo  been  Washington,  tho  26tl> ;  it  is  within  a 
;  dny  or  two  of  those  dates. 

\  Q.  You  wero  nsked  whether  you  gavo  any  instructions  to 
,:f  your  counsel  in  rospect  to  replying  to  that  letter,  and  you 
,|  said  at  tho  time  that  you  did  not  recollect  any  instructions. 

:  Have  you  sinco  that  timo  refreshed  your  moiuory  on  tho 


280 


1170  subject,  and  nro  you  now  able  to  answer  that  question  bet¬ 
ter  than  you  (lid  thou  ? 

A.  I  Iiave  been  shown  the  letter  book  of  Messrs.  Porter- 
Lowrcy,  Soren  A  Stone,  containing  a  letter  addressed  to 
Mr.  Edison,  under  date  of  February  Dili,  1876,  and  although 
I  have  not  compared  this  copy  with  the  press  copy  in  the 
wUhsomo' enre"'  aSSUIe‘1  it  is  n  c,,«'  ’ 1  lu,vo  rend  the  copy 
Q.  Does  that  refresh  your  niotnoiy  in  respect  to  the  state, 
com.sel°?  lnStr"Ulio,1S  wl,Wl  yolt  111  111111  time  made  to  your 

1171  T  A.Tt  rofr“,10.s  ">.V  tnenory  generally  ns  to  the  fact  that 
Iliad  consultation  with  Mr.  Lowroy  on  tho  subject,  ami 
made  statements  to  him  that  r  deemed  important  ibr  him  to 
consider  in  order  to  adviso,  as  tho  result  of  whieli  this  let- 
wa?sentVrltte"  "'ith  my  k"0"'lui18°  1111(1  »l>l>rovnl  before  it 

Q.  Cnn  you  now  tell  us  what  thoso  Instructions  woro  1 
in  this  lettelf  ‘  H,° <,0t',ilS  ns  tIluy  »»  ft»rth 

1172  Exhibit'd: ‘)  *  ‘  °  10  00  rMl  1  1  *Iod  Delta  dints 

Q.  \ou  wore  nskod  tho  question  whether  Mr  Eiliam, 
made  any  exhibit,  in  accordance  with  tho  suggestion  eon 
^  %‘tn  M,  Miller,  wS*C 

no  exhibit  was Stojouf  tlliS  CI,S°’  ^  y°"  S',i“  tlmt 
oftot  <l0"’fc  ”mmb0r  'VU'lt  1  rt  is  tmo  ns  »  matter 

lm  nt,  wo™ *nI"w““»‘ 1  “» «r  I  tan, 

*"•  E"ta«. « ««. .... 

a.  Very  soon  after  that. 

Q*  aou  say  a  sudden  departure  ? 
was  gone'11'''1'"  ““ 1  d,d  "0t  kl1™  >■«  "-going  until  ]l0 


us  going  ? 


1174 


[:  <  Q.  You  lind  no  warning  that  ho 
:  j  A.  None  nt  all. 

Q.  Do  you  know  anything  about  tlmt  lej  it  c  neon- 
^sequence  ol  which  you  made  the  remark  “sudden”  Was 

'it  sudden  in  respect  to  you,  or  sudden  in  itself  1  ’  . 

'm,V0. a. g*"0"11  “ndurstumling  of  tho  causes  that  led 
to  Ldisoi i  s  trip  to  Europe  nt  tlmt  time,  derived  both  from 
gcntlomon  connected  with  tho  British  tele- 
-grapli  on  the  other  side. 

,  Q.  Mr.  Edison  stated  tho  matter  to  you  f 
;  A.  Tcs,  sir;  after  his  return. 

;;  Q.  What  wns  iti 

Lu^witM?1ntV!00tlUaS!0'1  -t0  ulmrg0  myniindpnrtiou-  1175 
hul}  \uth  it,  and  I  can  only  givo  a  very  brief  substance. 

f!|  m  Court- 1  Bio  briofer  tho  bettor. 

:.1  A.  A  proposition  had  been  nmdo _ 

,  |  Q.  You  are  stating  Edison’s  statement  to  you  7 
j  Al  1 11111  H‘llti"S  lllu  substanco  of  it.  A  proposition  had 
'If  tho 'Turn,1  r1"'1’’  Soll,,111110I'o>  111111 11  the  owners 

in  Lf,  ,  V°llI,lc°Wover  1,1010  111111  make  a  do- 

Z  Z  S0,"°  0n'Ut!t’  so"'u  mlvn,,tngo  would  accrue 
f  l110"1/  (Tlml  «•»»  the  idea  of  it.  Edison  wns  called  upon  1176 
I'uudorst  ''u'0?  '11"1  nmko  tllis  <It,1,,n'|stration,  which, 

BUCCessfuliy  8,ly’  1,0  <lhl  dlm«lll«M. 111111  Quito 

Q.  That  wns  tho  suddoness  of  his  departure  f 
:  A.  \es,  sir ;  that  was  tho  occasion. 


Mr.  Muller:  Who  asked  him  to  go  over* 

to  represent  tho  ownors  of  tho 


■  A.  I  understood  ho 
automatic. 


;  Mr-  Butlcr  f  At  tho  request  of  whom  1 


:  A.  I  don’t  think  lie  told  mo  who  requested  him. 
i  Q.  You  mentioned  a  nnmo  1 
•  A'  °‘!  1  !l1 11,0  invitation  of  Mr.  Scudamore, 

■Q.  AVlio  is  ho? 

gn^hH°'Va8  “  0l,“re°  Ut  tIl“t  timo  of  11,0  [British  Tele- 


1178  Q-  N-  wns  an  exhibition  to  the  British  Telegraph !  || 

A.  As  I  understood  it.  || 

Q.  Youjilso  spoke  of  another  conversation  with  Mr.  Edi-  || 
son  about  tlio  end  of  Dccombur,  1871,  xvliicli  you  said  might  M 
have  been  upon  the  same  day  as  that  on  which  ho  handed  .1 
you  his  proposition,  or  it  might  ha  vo  been  on  tlio  subse-  ! 
quont  day,  but  yon  wore  not  permitted  to  stnto  that  con-  f  1 
versation ;  will  you  be  good  enough  to  recall  it  ?  j 

(Objected  to.)  i  f 

1170  ®1011  J'ou  nsked  t°  do  it,  and  you  did  not  do  it  t| 

Give  the  conversation.  ;  j 

(Objected  to,  and  question  modified  ns  follows) : 

Q.  Be  good  enough  to  toll  the  conversation  at  my  solici-  i  ( 
tntion.  j-| 

A.  You  refer  to  the  occasion  in  which  I  snid  n  roforcnco  f 
had  been  made  to  rnilrond  signals  1  fi 

Q.  Yes,  sir.  | 

A.  I  thialc  I  snid  in  that  connection  that  whatever  rccol-  ■ 

1180  lection  I  had  wns  obtained  from  rending  Edison’s  oxami-  f 
nation,  which  reminded  mo  that  I  had  probably  had  another  | 
interview  with  him,  and  made  that  remark  on  that  occa-  f 
sion,  otherwise  than  tlds  roforoncoto  thero  being  something  f 
to  lie  dono  in  tlio  future  in  relation  to  tlio  development  of  iff 
railroad  signals.  I  don’t  remember  that  thoro  wns  any  • 
other  conversation  with  Edison  at  nil. 

The  Court  i  I  think  the  witness  so  stated  before. 

A.  Wlmt  I  said  wns,  that  I  could  oxplnin  it,  which  I  was  :• 

1181  not  allowed  to  do. 

Q.  Go  on  with  the  explanation.  % 

(Objected  to.) 

The  Court :  If  thoro  is  any  possibility  of  misconstruction  ' ! 
tlio  witness  can  answer.  ■ 


The  milieus .-  I  will  mnko 
mem,  and  I  will  not  touch 


a  very  brief  preliminary  stnto-  j  | 
on  tlio  other  subject  unless 


counsol  agreo  upon  it.  (Iniieral  Butler  asked  mo  if  Mr.  use 
Edison,  at  a  cortuiu  Interview,  did  not  apply  for  money,  and 
I  said  ho  did  not,  anil  that  no  application  laid  been  made 
to  me.  It  was  in  that  connection  that  1  said  1  could  ox¬ 
plnin  all  that,  there  lining  something  about  it  that  on  the 
papers  does  not  seoni  to  lie  clear.  Now,  if  1  am  permitted 
to  muko  that  explanation,  I  can  make  it  in  a  moment. 

(Objected  to.  Excluded.) 

Q.  You  woro  nsked  why  you  wanted  an  offer  from  Mr, 

Boilf,  or  Mr.  Keiffand  Mr.  Barney,  at  tlio  timo  of  tlio  con-  1183 
versation  which  you  had  with  them  on  the  10th  and  17th 
of  dune.  I  would  now  ask  you  to  oxplnin,  if  you  did  want 
an  oiler,  why  it  was  ? 

A.  I  do  not  remembor  that  I  have  been  asked  that  ques¬ 
tion. 

Q.  Then  I  will  ask  you  the  question :  If  you  did  want 
the  offer,  what  was  the  object  that  you  had  in  asking  fornu 
offer  at  that  time  ? 

(Objected  to.  Objection  sustained.) 

Q.  In  tlio  month  of  Ootobor,  187-1,  to  which  your  atton-  nsi 
tion  has  been  called,  did  you  know  Sir.  Craig,  who  is  the 
plaintiff  in  tlio  notion  about  wliiuli  some  pnpors  have  boon 
presented  hero  ? 

A.  I  know  Sir.  Craig,  and  have  known  him  for  a  great 
many  years;  I. don’t  know  what  relations  ho  sustains  to 
litigated  cases. 

Q.  Did  you  at  that  timohavo  any  business  relations  with 
Sir.  Craig  when  this  notice  is  dated;  I  think  it  is  dated  on 
the  13th  of  October,  187-1? 

A.  I  cannot  speak  dolinitoly  ns  to  the  13th  of  October, 
nor,  indeed,  as  to  tlio  month  of  October;  but  during  tlio  ngj 
summer  of  1874,  beginning,  I  think,  ill  July,  I  had  a  good 
deal  of  negotiation  with  Craig. 

Q.  On  what  subject  ? 

(Sir.  Butlor  objeotod  to  any  negotiation  with  Sir.  Craig.) 

Mr.  Dickerson .-  A  notico  has  been  presented  to  Mr.  Orton 
87 


1186  in  a  certain  suit  by  Mr.  Oraig  ami  nnotliot’  anil  against 
Harrington  anil  tho  Automatic)  Company,  which  notice  was 
served,  as  they  say,  and  propose  to  prove,  on  tho  Western 
Union  Telegraph  Company.  Tho  object  of  tho  presenta¬ 
tion  of  that  notice,  I  presume,  is  to  show  that  a  claim  was 
set  up  by  somebody  to  this  duplex  and  qnadrnplcx.  by 
virtue  of  tho  papers  or  agreement,  or  whntovcr  tlioy  mny 
bo  in  that  suit.  I  proposo  to  show  by  this  witness  that  at 
that  time  Mr,  Craig  was  trying  to  sell  automatic  to  tho 
Western  Union  Telegraph  Company,  as  wo  already  liuvo 
shown  that  Harrington  was  by  Mr.  Daviilge,  and  ns  wo 

1187  think  wo  havo  shown  that  Mr.  Eoiff  was,  by  his  anonymous 
letter  and  other  contrivances,  trying  to  get  tho  Westorn 
Union  Telegraph  Company  to  buy.  That  fact  explains 
why  it  was  that  tlint  notico  was  served  on  tho  Western 
Union  Company. 

l'he  Court  i  It  mny  bo  rclovnnt  when  any  such  notico  is 
shown,  but  it  is  not  yet  beforo  tho  Court.  It  will  bo  tiino 
enough  to  consider  tho  effect  of  it  thou,  and  probably  tlio 
effect  mny  bo  modified  by  tho  surrounding  circumstances. 

1188  Mr.  Sutler :  Do  you  admit  that  tho  notico  was  served  ? 

Mi'.  Dickerson :  Wo  do  not  admit  it  was  served.  Wo  will 
wnivo  tho  subjoot,  however,  until  tho  witness  on  tho  ques¬ 
tion  of  notico  has  boon  examined- 

(Beforo  tho  calling  of  tho  witness  tho  Court  adjourned 
until  to-morrow.) 


Hearing  Resumed. 

May  ‘kith,  1877. 

indirect-examination  of  Mr.  Orton  continued. 

S!j  Mr.  Dickerson : 


Q.  You  were  asked  yesterday  from  wlmt  document  you 
quoted  the  words  “automatic  or  fast  system,"  and  you  said 
you  wore  unable  to  answer.  Have  you  since  refreshed  your 
memory,  and  aro  you  now  able  to  answer  ? 


A.  I  havo  since  lookod  at  the  report  of  tho  Postmaster  1190 
I  Gcnoral  for  tho  year  1873. 

.  J  (Mr,  Butler  objects  to  any  ovidonco  in  regard  to  tho  Post- 

■  1  mastor-Gonorai.) 

■  j  Q.  That  report  was  for  tho  fiscal  year  ending  Juno  80th, 

;  1878,  was  it  not? 

!•«  It  was  for  that  fiscal  year,  I  prosumo.  It  was  made 
'  to  Congress  in  December,  1878,  and  I  supposo  it  was  for 
h  tho  fiscal  year. 

B  Q-  "Wore  the  words  which  you  rofor  to  quoted  from  that  1191 
U  report? 
g  A.  They  were. 

j '  Mr.  Duller  asks  that  ho  bo  permitted  to  suspend  tho  ro¬ 
ll  cross-examination  of  Air.  Orton  for  tho  purposo  of  introduc- 
;  inS  Mr.  Homan,  in  ordor  to  prove  tho  sorvieo  of  notice 
I  upon  tho  Westorn  Union  Telegraph  Company. 

I  De-directexamination  of  Mr.  Orton  resumed  by  Mr.  Dick- 
|  orson .  1192 

Q'  In  October,  187‘1,  woro  you  in  any  negotiations  or  cor- 
;;  respomloneo  with  Mr.  Oraig,  tho  plaintiff  in  this  bill  ? 

!'  A.  I  was  in  correspondence  with  Mr.  Craig,  I  think,  somo 
i,  t'mo  "I  J uly ;  I  don’t  remember  when  it  terminated,  if  at  all , 
ft  in  187-1. 

|  Q-  What  was  tho  subject  of  that  correspondence  or  nogo- 
|  tintion? 

|  (Mr.  Butlor  objects  to  the  question  without  tho  corres. 

|  pondonco  is  produced.  Admittod.) 

|  Court  i  Tlioy  don't  propose  to  provo  tho  corrcspond- 

I  “CO,  but  merely  the  fact  that  a  correspondence  in  regard  to  a 
|  particular  subject  matter  which  was  in  progress  between  tho 
|  parties. 

1  Q-  You  did  havo  a  correspondence  at  that  time  with  Mr. 

||  Craig? 


292 


1194  A.  I  lmd  a  correspondence  with  Mr.  Craig  during  the 
year  1874,  and  after  my  return  from  Europo,  commencing, 

1  think,  in  July,  and  continuing  towards  the  ond  of  tho 

Q.  Did  yon  have  any  negotiation  at  that  time  with  Mr. 
Craig  about  anything? 

A.  I  did. 

Q.  Wlmt  was  the  subject  of  such  negotiation? 

Mr.  Butter:  Was  that  in  writing? 

1195  The  Court:  You  may  put  tho  question  to  him  by  way  of 
cross-examination  at  this  point,  if  you  choose. 

By  Mr.  Butler: 

Q.  Was  it  in  writing? 

A.  It  was  partly  in  writing  and  partly  verbal. 

(Mr.  Butler  objects  to  tho  witness  stating  tho  negotiations 
botweon  himself  and  Mr.  Craig.) 

1196  Me  Court:  You  have  put  in  something  tlint  passed  be¬ 
tween  Mr.  Craig  and  the  Western  Union  Telegraph  Com¬ 
pany,  a  notico  and  a  hill,  and  now,  by  way  of  explaining, 
I  suppose,  or  determining  the  effect  of  these  papers,  it  is 
proposed  to  show  to  wlint  tlioy  relate  and  tho  circumstances 
under  which  they  wore  given.  If  no  ovidonco  had  been  in¬ 
troduced  on  tho  part  of  tho  plaintiff  in  this  regard,  I  should 
oxcludo  the  evidence  at  once,  but,  ns  tending  to  explain 
tho  circumstances  under  which  this  alleged  notice  wns  given, 
it  seems  to  mo  to  bo  competent  to  provo  tlint  negotiations 

1197  wore  ponding  botween  tho  parties,  and  to  what  they  related, 
provided  they  wore  oral. 

(Plaintiff's  counsel  except) 

(Mr.  Butler  asks  tho  Court  to  instruct  tho  witness  that  lie 
shall  not,  in  his  answer,  state  anything  in  relation  to  any  ne¬ 
gotiations  that  was  conducted  in  writing,  but  confine  him¬ 
self  simply  to  oral  negotiations.) 


Hie  Court:  You  will  not  advert  to  tho  correspondence  in  1198 
any  way,  hut  simply,  in  general  terms,  state  what  was  the 
Bubjeet  matter  of  tho  oral  negotiation  between  yourself  and 
Mr.  Craig. 

A.  It  was  a  salo  to  tho  Western  Union  Telegraph  Com¬ 
pany  of  certain  rights  connected  with  tho  working  of  tho 
automatic  systom  of  telographv. 

By  Mr:  Dickerson : 

Q.  By  Mr.  Craig?  1199 

A.  Yes,  sir. 

Q.  Had  you  any  nogotintion  with  any  other  person  than 
Mr.  Craig  about  that  timo.  Tho  bill  contains  tho  nnmo  of 
Mr.  Little  as  ono  of  tho  parties  ? 

A.  I  should  not  bo  able  to  stato  at  what  timo  I  had  nego¬ 
tiations  with  Mr.  Goorgo  Littlo  without  referring  to  what¬ 
ever  records  I  have  on  that  subject  in  my  office. 

Q.  Tho  dnto  of  tho  notico  is  the  18th  of  October,  1874 ; 
does  that  onnblo  you  to  stato  when  you  had  such  communi¬ 
cation  with  Mr.  Little?  1200 

A.  I  did  linvoa  few  communications  in  writing  from  Mr. 

Little.  Some  of  thorn  woro  during  the  year  1871.  I  had 
at  least  ono  proposition,  but  I  ennnot  lix  it  by  my  recollec¬ 
tion.  I  have  an  impression  on  the  subject. 

(Mr.  Dickorson  asks  tlint  tho;  witness  have  leavo  to  exam¬ 
ine  his  papers  and  bring  them  in  Court  for  tho  purposo  of 
testifying  upon  this  point.) 

Q.  What  wns  tho  subject  of  your  oral  negotiations  or 
conversations  with  Mr.  Littlo? 

(Objected  to  as  immaterial  and  incompetent.  Objcotion 
sustained.) 

Mr.  Dickerson:  Tho  defendant  oilers  to  provo  by  Mr. 

Orton  that  on  and  about  tho  13th  of  October,  1874,  George 
Littlo  wns  ottering  to  tho  Western  Union  Telegraph  Com¬ 
pany  for  salo  automatio  telegraphs,  nud  claiming  to  be  tho 


294 


205 


1202  owner  of  valuable  nnd  important  parts  of  that  property 
that  was  also  clnimod  by  the  plaintiff  in  this  suit  and  by 
George  Harrington. 

The  Court:  I  dcclino  to  rule  upon  the  offer,  but  I  reiter¬ 
ate  the  ruling  which  I  have  already  made  upon  tho  ques¬ 
tion,  permitting  you  to  stato  that  tho  object  of  the  question 
is  to  show  the  fact  which  you  havo  stated  in  your  offer. 

(Excluded.  Exception  by  defendants.) 

(Eecess.) 


After  Eecess. 


Joseph  T.  Murray,  boing  recalled  by  tho  defendants,  testified 
ns  follows: 

Q.  "When  you  were  Inst  examined  you  mentioned  a  meet¬ 
ing  with  Mr.  Harrington,  but  wore  unable  to  fix  by  any 
ovent  or  by  any  date  tho  prcciso  time.  Havo  you,  siuco 
that  time,  refreshed  your  memory  or  otherwise  informed 

1204  yourself  so  as  to  be  able  now  to  testify  to  about  when  that 
interview  took  place  ? 

A.  I  can  fix  pretty  nearly  tho  date. 

Q.  Very  well ;  about  when  was  it? 

A.  It  wns  the  timo  that  Mr.  Edison  was  at  work  on  tho 
qundruplex  botweon  Boston  and  New  York. 

Q.  You  mean  operating  tho  qundruplex. 

A.  Yes,  sir. 

Cl  At  what  plneo  was  ho  engaged  operating  that? 

A.  145  Broadway. 

1205  Q-  That  was  the  ofilco  oi  tho  Western  Union  Company  ? 

Q.  Was  there  any  other  circuit  that  wns  then  being  oper¬ 
ated  that  you  remember;  you  said  between  Boston  nnd  New 
York? 


A.  He  was  operating  botween  Buffalo  nnd  Now  York; 
*  v°CI? 1,1  VimCS  °f  llis  °Perating  betwoon  Boston 
and  how  York  and  Buffalo  and  New  York. 

Q.  You  mentioned  seeing  Mr.  Eeiff  after  seeing  Mr. 


|  Pe.ct  to  4,10  subject  upon  which  you  conversed  with  Mr.  1208 
|  Harrington,  at  any  time  subsequently  ? 

,  (  (Objected  to ;  objection  overruled  nnd  exception  taken.) 

A.  I  mot  Mr.  Eeiff  in  Broadway, 

.  Q.  After  you  had  seen  Mr.  Harrington,  was  it? 

A.  I  won’t  be  confident  whether  it  wns  before  or  after. 

;  Q.  State  what  took  plneo  upon  this  subject. 

•  :|  A.  I  mot  Mr.  Eeiff  on  Broadway,  nt  the  corner  of  Pino 
^street;  I  stated  to  him  tlint  there  had  been  objections 
'  (raised,  nnd  asked  him  why  he  objected.  1207 

f  Q.  Objections  to  what? 

,  j  A.  To  Mr.  Edison  soiling  that  qundruplex  systom  to  tho 
,  /Western  Union  Company ;  his  answer  wns,  that  it  would 
j  jhssist  the  enemy,  nnd  plneo  facilities  in  their  hands,  equiva- 
j^ent,  if  not  superior  to  tho  automatic,  and  it  would  bo  do- 
'  ,  trimontnl  to  them ;  that  wns  tho  principal  reason  given. 

'  ;  Q-  Whs  there  anything  said  about  a  snlo  of  nutomntic? 

'’2  TJwy  woro  negotiating,  I  believe,  nt  that  timo. 

I|  Q-  Did  ho  say  how  it  would  affect  it? 

1:1  -A.  Yes,  sir ;  it  would  nffeot  it;  it  would  bo  injurious  to  1208 
PI  tlioir  negotiations,  or  some  words  to  that  effect 
>  Q.  Negotiations  for  what? 

A.  lor  automatic  to  tho  Western  Union  Company. 

j;  Cross-examination  by  Mr.  Butler. 

|  Q-  Do  you  think  September  80th,  1874,  was  tho  timo 
IjWlion  tho  qundruplex  wns  started  ? 

I  A-  1  would  not  swear,  from  my  own  knowledge,  that  it 
awns. 

I  Q-  Your  impression  is  that  it  wns  then?  1208 

j  A.  Yes,  sir. 

|  Q.  Can  you  tell  how  long  before  or  after  you  saw  Mr. 

|Eoiff? 

1  A.  I  do  not  understand  your  question. 

1  Q-  You  saw  Mr.  Harrington  about  this  timo? 

5  A.  Previous  to  thnt 

I  Q;  Well,  about  September  24th  you  saw  Mr.  Hnrring- 


297 


1210  Mr.  lowrey  :  He  didn’t  say  so. 

Q.  When  did  you  sec  Mr.  Harrington?  | 

A,  Previous  to  tlint  date.  ’ 

Q.  How  long  previous?  | 

A.  It  might  ho  some  two  or  three  days. 

Q.  Then  about  tlint  lime— somewhere  between  the  20tli  : 
and  30th  of  Soplcmber-didyousboMr.  lleifl  before  or  after; 
you  saw  Mr.  Harrington  ? 

A.  I  won’t  be  positive  whether  it  was  before  or  after.  i ; 

1211  Q-  Can  you  loll  how  long  it  was  between  the  time  you!, 

saw  Mr.  Harrington  and  the  timo  you  saw  Mr.  Rciff;|.; 
whether  it  was  before  or  after?  hi 

A.  I  saw  Mr.  Rcill  more  or  less  every  day. 

Q.  I  mean  about  this  thing  that  you  have  told  us  of, 
when  you  had  some  conversation  about  the  quadruples.  1 
Was  it  before  or  after?  How  long  was  it  between  the  time 
you  saw  Harrington  and  the  lime  you  saw  Rciff? 

A.  Icnnnotsay  certain.  |jj 

Q.  Would  you  say  within  a  week?  b 

1212  A-  No> sir-  I 

Q.  You  told  us  what  Harrington  said.  Ilnvo  the  kind-g 

ness  to  tell  us  the  conversation  that  took  place,  exactly,  bc|| 
tween  KeifF  and  you.  You  spoke  first,  I  suppose?  3 

A.  Yes,  sir.  j 

Q.  You  said  what?  j 

A.  I  was  some  little  anxious  to  get  some  money  for  Mr.  | 
Edison.  That  is  the  reason  why  I  opened  the  conversation  | 
with  Mr.  Reiif.  I  asked  him  why  he  objected ;  when  he  1 
could  not  furnish  the  means,  why  he  did  not  let  him  get  itfj 

1213  from  another  source,  meaning  the  Western  Union  Company, 
of  course.  His  reply  to  mo  was,  that  for  one,  he  would  not 
sit  quietly  by  and  see  the  enemy  put  a  knifo  to  his  throat 
Says  he,  if  they  should  got  that,  it  would  be  an  equivalent; 
it  would  furnish  them  with  an  equivalent,  if  not  something 
better  or  equal  to  the  automatic;  and  he  objected  on  that 
ground. 

Q.  If  they  should  get  that^-you  mean  the  quadruples 
and  duplex  ? 

A.  The  qundruplex.  > 


Q.  Ho  says,  «  The  reason  I  object  is,  if  they  should  get  1214 
that,  it  would  bo  equivalent  to  giving  my  enemy  a  knife.1’ 

Mr.  Porter  :  I  prefor  the  witness’  own  language. 

Q.  I  will  ask  the  witness  to  stnto  it  again.  I  am  putting 
the  language,  to  sco  if  I  am  putting  it  right 

(Objectod  to.) 


Q.  Will  you  have  tho  kindness  to  repeat  ns  nearly  ns  you 
can  what  ho  said  about  tho  knifo  to  tho  enemy’s  throat? 

A.  He  said  for  one  ho  would  not  sit  quietly  by  and  sco 
tho  enemy  put  tho  knife  to  his  throat. 

Q.  What  next  was  said  ? 


1215 


A.  1  lien  lie  said,  that  in  tho  hands  of  tho  enemy  it  would 
make  them  equivalent  if  not  tho  equal  of  the  automatic. 

Q.  Wlmt  next  did  you  say  to  that? 

A.  I  can’t  recollect  what  I  did  say.  There  was  but  very 
little  said.  It  was  pretty  short. 

Q.  That  was  about  all? 

A.  Yes,  sir;  about  tho  substance  of  all. 

Q.  As  nearly  as  you  can  recollect? 

A.  Yes,  sir. 

Q.  I  will  ask  you  whether  Mr.  Iloilf  took  yon  down  to 
tho  office,  or  brought  you  whore  you  could  see  tho  deed  at 
that  time  between  Harrington  and  Edison  ? 

A.  No,  sir,  Mr.  Rciff  did  not. 

Q.  Who  did? 


1210 


A.  Whon  I  had  tho  interview  with  Mr.  Harrington  ho 
sent  me  down. 

Q.  Did  you  know  about  tho  letter  which  Harrington,  on 
the  morning  of  tho  10th  of  July,  enrried  to  Edison? 

A.  I  went  with  Mr.  Harrington  up  to  Mr.  Edison’s  house,  1217 
ut  I  never  know  until  the  letter  was  produced  kero  in 
Court  wlmt  the  message  was. 

Q.  You  did  go  with  him  up  to  Edison's  house  ? 

A.  Yes,  sir. 

Q.  Did  ho  deliver  tho  letter? 

A.  Ho  wont  up  Blairs  in  Edison’s  bedroom. 

88 


298 


1218  lie-direct  examination  by  Mr.  Lowroy. 

Q.  I  call  your  attention  to  your  first  answer  to  Mr.  But- 
lor  this  afternoon  ;  was  that  what  you  meant  to  say  ? 

A.  I  meant  to  fix  the  date  at  the  time  Edison  was  at 
work  for  the  'Western  Union  Company,  covering  those 
two  points  with  the  qundruplex.  My  conversation  with  him 
was  in  the  Western  Union  Company’s  ofiico  when  he  wnsin 
there  at  work,  covering  thoso  points. 

The  Court:  What  points? 

1219  A'  Bet"'eon  Buffalo  and  New  York  and  Boston  and  New 
York. 

Q.  As  to  the  day  of  the  month,  or  tho  month,  you  do  not  j 
intend,  ns  I  understand  you,  to  fix  it  any  differently  than 
by  that  event?  1 

A.  Thnt  is  the  only  way  I  can  fix  it. 

Gerrilt  Smith,  a  witness  called  on  behalf  of  the  defend¬ 
ants,  having  been  duly  sworn,  testified  ns  follows: 

■Examined  by  Mr.  Dickerson. 

1220  &  You  !iro  assistant  eleotrioinn  of  the  Western  Union 
holograph  Company  V 

A.  I  am,  sir. 

Q.  Will  you  tell  us  at  what  time  tho  qundruplox,  so 
called  was  started  at  Boston,  and  at  what  time  it  was  started 
to  Bufinlo  ? 

A.  Tho  Now  York  and  Boston  circuit  was  started  in  the 
latter  part  of  September,  1874.  X  put  the  instrument  up  in 
Bos  on.  Tho  New  York  and  Buffalo  circuits  was  started  in 

1221  tho  lflUcr  Pnrt  o£  November,  1874. 

Q.  When  was  Edison  in  the  Western  Union  office,  work- 
mg  both  those  circuits  ?  ' 

York  ^r'i'^is°n  cooperated  with  me .  in  starting  tho  New 
York  and  Boston  circuit.  He  put  tho  instrument  up  at 

latter  nnrt  7l  *  th°  Boaton  end-  £  was  in  the 

vith  Jo  nn  1  !n  B0St0n'  ■‘'so  cooperated 

mux  mo  on  tno  Buffalo  circuit 

it  B,°St°n  Circuit  was  continued  in  action  niter 

put  up?  ^  nnd  g01"e  whcn  the  Buffalo  circuit  was 


A.  Yes,  sir. 

Q.  So  thoso  two  wore  going  at  thnt  time  together  ? 

A.  Yes,  sir. 

Q.  Tho  latter  part  of  November,  1874  ? 

A.  Yes,  sir. 

Q.  You  have  a  groat  doal  to  do  with  tho  development  of 
this  qundruplox  ? 

A.  The  great  majority  of  tho  oircuits  now  working  I  have 
assisted  in  putting  in  operation. 

Q.  What  inventions,  if  any,  nro  necossary,  in  order  to 
make  what  wo  call  99  operative  at  a  qundruplox,  in  nddition  icon 
to  what  is  in  99  ? 

A.  I  enn  think  of  throe  very  essential  points  that  nro 
necessary. 

Q.  State  them. 

A.  Ono  is  tho  uso  of  what  is  known  ns  Stcnrns’  differen¬ 
tial  ;  second,  tho  bridge  system  of  Stearns ;  third,  tho  con¬ 
denser,  ns  used  by  Stearns. 

Q.  Aro  thoso  all  subjects  of  patents? 

A.  I  boliovo  they  are. 

tj.  On  longer  linos,  say  to  Chicago,  nro  thoso  inventions 
nil  that  are  necessary  to  work  99  into  a  quadruplox  ? 

A.  Tlioy  nro  not,  sir. 

Q.  What  other  inventions  are  necessary  in  prnotieo  ? 

A.  I  moan  to  say  tlioy  aro  necessary  to  tho  successful 
working  of  that  circuit,  but  tho  application  of  them  differs. 

Q.  Aro  there  any  other  inventions  than  thoso  thnt  you 
have  mentioned  necessary  to  bo  used  in  working  to  Chicago, 
for  instance? 

A.  No,  sir. 

Cross-examination  by  Mr.  Butler.  122- 

Q.  When  did  you  go  to  tho  office  of  the  Western  Union 
Company  to  work  ? 

A.  I  have  been  in  tho  omploy  of  tho  Wcstorn  Union 
Company  about  twenty-two  years. 

Q.  When  did  you  first  find  Mr.  Edison  working  there? 

1  only  desiro  to  fix  a  date. 

A.  Along  about  the  first  part  of  September,  1874. 


1226  Q*  What  was  your  business  when  you  first  went  to  wort 
for  the  Western  Union  Company? 

A.  Do  you  mean  my  occupation  when  I  first  entered  tlio 
service  of  the  Western  Union  Company? 

Q.  Yes,  sir? 

^ 11  was  formed  at  that  time,  a  dummy  boy,  at  81  State 

Q.  You  began  at  the  bottom  of  the  ladder? 

A.  Yes,  sir. 

Q.  When  wore  you  promoted  to  bo  assistant  olcotrician  ? 

1227  A-  September  15tli,  1874. 

Q.  What  was  your  business  on  January  1st,  1873  ? 

Iicto."  WnS  °hi0£  °P°rat0r  ^  tb°  ,,min  “tf'00  of  tho  company 
Q.  In  Now  York? 

A.  Yes,  sir. 

tnny°n  r°m!lin0d  in  tlmt  oonllition  of  things  in  that 

w5  vm  tjr  WOr<!  PT0l0d  °n  tl10  16tl‘  °£  Member. 
Z  liasTarge  ofT  *"  °hi°f  °Pemt0r  ^  bat 

228  yisto„A  Crb‘]:.T’b0r0l''Vil'°s«™1>lacod  under  his  super- 
A.  Yes,  sir. 

Examination  by  Mr.  Wheeler. 

itlTO00’S.tOI,rovi(l0"  '  c  S  I  1  ehIZ,?'rb' 


.articular  contrivance  is  one  of  tho  particular  1231 
st  at  lave  been  adopted  bj  elect,  c  ..  for 
ng  tho  objeut  you  hnyo  stated  ? 

iventing  the  reception  of  a  message  from  inter- 
tho  transmission » 

mo  object  is  sought  to  bo  neeomplisiiod  by 
out  volitions  of  Edison,  which  are  called  also 
"hioh  hayo  boon  in  evidence  in  this  ease,  is  it 


°“  SF°ko  soeondly  of  tho  bridgo  system  of 
ito,  if  you  please,  tho  ol.jeet  which  that  aims 
i  m  conneotion  with  the  deployment  of  easo 
ruplox  ? 

no  as  that  of  tho  differential, 
was  not,  ns  I  understand  it,  tho  inventor  of 


t  that  bridgo  system  employed  by  Sir  Charles 


Q.  Tlio  tiling  patontcd  t 
A.  No,  sir. 

Q.  As  abridge  system,  gcnernlly  spenking,  it  is  old  f 
A.  J  lie  bridge  system  ns  used  by  Valle  and  Wheatstone 
are  for  electrical  measurement  ‘  '  0 

Q.  Tlio  tiling  patented  by  Stearns,  you  did  not  mom,  r„ 
say  that  that  was  old  1  "10a"  to 

A.  Jsro,  sir. 


-MW  ia  to  Iieumuizo  tlio  eflcct  of  tlio  statio 
mrgo  and  discharge  of  the  lino  upon  tin  home  instr  ..meat, 
liafc  is  tlio  application  ns  Stearns  applied  it,  or  tho  pur- 
).so  for  wluoli  lie  applied  it 

Q.  Any  other  device  or  contrivance  which  would  operate 
like  niunnor  to  neutralize  tlio  offeet  of  tlio  statio  dis- 
inigo  would  be  as  useful  in  connection  with  case  !, 9  as 
o  a  teams  condonsor,  would  it  not ! 

A  I  don’t  know  about  that}  what  is  known  ns  the  In- 
ictiou  coil  is  used,  and  I  believe  lias  been  used  by 
cams  but  whether  it  will  answer  tho  purposes  in  ovory 
,se  of  ho  condenser  I  am  not  prepared  to  say.  J 

yoa  I'lem*  show  to  the  Court,  co  c  tm  ,tl 
ils  drawing  annexed  to  this  instrument  in  tho  case  known 
>  so  113,  whore  tho  bridge  which  you  have  spoken  of  in 
1  ch  you  p  ace  tho  receiving  instrument  would  bo  placed 

miildlh-,?^' IT  th,ati  ClCIUly  ,lmle,'sta'  1  tl  0  q  0  t 

rinl«  ;  ’,0tlJ0ry0,,r0f01' t0  t]‘° 

owihrStTO,lt  t0  bnvo  you  sll°"'  tho  bridge,  and  then 
°"  where  you  would  put  tho  receiving  T * 


lou  don  t  mean  to  soy  that  these  particular  things 
patented  by  Stearns  were  tho  only  devices  that  could  bo 

to  —> ■  'i.'*  «“IS 

it  Mm!!l°mp‘lex  ^  °“ly  1>rnotionl  1,lea,is  employed  to  mnko 
J  jJ“s“aro  11,0  “mans  which  you  do  actually  employ  ? 

The  Court :  Do  you  know  of  any  others  i  mo 

p  3’  n°  y,°!1 1”loa“  to  Sl*y  that  nono  of  these  inventions  of 
w  ieh  i<!  ‘  T',°  <,U8c'I'ibtfl1  ia  tllu  iipplieations, 

Uio  slni  >U  i,,“VUlCnU0  in  tllia  case,  wonlil  no,  ueeo,  pH  I, 
the  mine  result  ns  the  differential  duplex  of  Stearns  and 

A.  I  do. 

‘"''T'’-  tl,0,,> tl,at  tl,oso  nre  successful  to  no- 

inphsh  the  objuut  soaSbt  ^  ho  accomplished  by  them  ? 

,-ctl  0  Is  ns  C0,“lmr°l1  wUb  tI,u  differential  or  bridge 

v,vlt  <l  til110-  Yoa  spoke  in  the  first  place  of 
;  S'  IUI18  differential  duplex  1 
A'  Yes,  sir. 

„l?a  tb'"k  that  that  accomplished  the  result  of  on- 
the  out »' "i"  t0  roco,vo  a  message  without  interfering  with 
hiv„„,i  message  moro  successfully  than  any  of  tlieso 
.noons  of  Edison  l 
A.  Yes,  sir. 


8-exam-  1246 


1242  Q.  But  still  you  don’t  mean  to  say  tlmt  tlio  inventions  of  I 

Edison  would  not  accomplish  tlio  result  1  H 

A.  Practically  tlioy  would  not.  H 

Q.  That  is  your  judgment  ? 

A.  Yes,  sir. 

Q.  What  is  the  thing  that  is  patented  by  Mr.  Stearns  in 
his  dill'crontin!  duplex  ? 

A.  The  condenser  1  understand  to  bo  the  essential  point, 
tlio  application  of  tho  condenser. 

Q.  Yon  were  ashed  on  your  re-direct  examination  whether 

1243  you  intended  to  say  tlmt  the  thing  pntented  by  Stearns  in 
his  dill'crontial  duplex  patent  was  now  or  old.  You  said, 
in  your  judgment,  tho  thing  patented  was  now ;  did  I  un¬ 
derstand  you  correctly  1 

A.  Yes,  sir. 

Q.  Bo  you  say  in  your  judgment  the  thing  patonted  in 
that  patent  was  tho  condenser? 

A.  Tho  combination  of  tho  condenser  with  tho  differen¬ 
tial  or  bridge  system. 

Q.  look  at  tho  drawing  which  is  annexed  to  tho  speci¬ 
fication  of  Exhibit  W,  which  is  tho  reissued  patent  to 

1244  Stearns  lor  nnprovemont  m  duplex  telegraphs,  and  state 
■  to  tlio  Court  what  tho  novelty  is. 

A.  Tho  d  igin  rci  i  ci  ts  tho  bridgo  method.  In  ad¬ 
dition  to  tho  relay  in  tlio  bridgo  or  cross  wire,  is  shown  a 
second  relay  between  the  equating  resistance  and  tlio 
earth  wire.  This  relay  is  evidently  meant  to  bo  placed  there 
ns  a  substitute  for  tlio  condenser. 

Q.  You  say  “  this  ”  relay ;  givo  tlio  letter  mark. 

’  A.  It  is  for  neutralising  tho  static  effect  upon  tho  relay 
in  tho  cross  wire. 

Q.  That  you  understand  to  bo  tho  essential  novelty  of 

1245  tho  invention  of  Stearns,  which  is  described  in  this  reissued 
patent  ? 

A.  Yes,  sir. 

jlfr.  Dickerson:  I  did  not  ask  tlieso  questions  for  tho  pur¬ 
pose  of  asserting  that  Stearns  or  anybody  else  is  the  inven. 
tor  of  these  things,  but  only  for  tho  purpose  of  showing 
that  tho  qundruplex  is  not  tho  thing  in  99,  and  to  explain 
that  the  duplex  is  not  tho  qundruplex  per  see,  and  that  Cnso 
99  u.....ot  bu  worked  practically  ns  a  qundrux>lcx  without 
tho  addition  of  other  inventions. 


jlfr.  Wheeler:  Then  wo  will  not  continuo  our  cross 
ination. 

Mr.  Dickerson :  I  offer  to  read  nil  assignment  between 
Harrington  nml  Little.  Tlio  certificate  covers  tho  Barring, 
ton  and  Edison  contract  of  3871.  This  is  a  contract  of 
Harrington  and  Little  in  respect  to  tho  subject  matter  that 
is  referred  to  in  the  contract  between  Barrington  and  Edi¬ 
son  of  April  4th,  1871,  and  it  gives  a  definition  to  terms 
that  aro  not  contained  in  tho  contract  made  by  Georgo 
Harrington. 

The  Court ;  Yon  offer  it  in  tho  nature  of  an  admission  1247 
by  Harrington. 

Mr.  Dickerson  :  In  tho  nature  of  an  admission  or  state¬ 
ment  by  Barrington  ns  to  tho  way  in  which  tho  moaning 
and  use  of  tlio  words  “  automatic”  or  “  fast”  telograjiliy 
was  then  denlt  with  by  him  in  making  his  contracts.  Ono 
contract  is  dated  Sopt.  22d,  1871.  Tlio  other  contract  was 
dated  April  4th,  3871.  On  tlio  22d  day  of  September  ho 
miulo  another  contract  on  tho  sanio  subject  matter  with 
Little,  which  goes  into  tho  Patent  Office  and  conics  to  us 
under  tlio  same  certificate,  as  showing  whnt  the  pnrtios  ^248 
themselves  at  that  time  were  dealing  with,  and  whnt  they 
were  intending  by  certain  words  tlmt  were  used  in  both 
nliko. 

(Objected  to.) 

i Fhe  Court :  It  is  res  inter  alios  acta,  mid  it  is  introduced 
for  tho  purpose  of  enabling  the  Court  to  construe  tho  in¬ 
strument  executed  botween  Barrington  and  Edison. 

Mr.  Dickerson :  Excepting  tlmt  it  is  Barrington’s  deed, 
written  within  six  months  of  tho  other,  describing  tho 
same  subject  precisely  that  is  described  in  tho  deed.  1249 

The  Court :  Tlio  admission  of  it  would  open  tlio  door  to 
tho  introduction  of  rebutting  evidence,  tending  to  show'  in 
whnt  sense  tho  deed  between  Barrington  and  Little  uses 
tho  words  that  aro  therein  contained,  aiid  of  other  deeds 
perhaps  showing  m  what  senso  it  was  used  there,  and  so 
on.  I  must  therefore  oxcludo  tho  paper  offered. 

Exception  taken  by  defendant. 

Adjourned  until  to-morrow. 


Hearing  Eesumed. 


r  (vT«u.'  • 


iZ0U  May  25f/i,  1877. 

George  M.  Phelps,  Jr.,  called  for  defendant  and  sworn, 
examined. 

By  Mr.  Dickerson ; 

Q.  'Wliat  is  your  occupation  and  position  ? 

A.  I  am  employed  at  tlio  factory  of  the  Western  Union 
Telegraph  Company,  assisting  in  tlie  supcrintcndency  there 
under  my  father,  and  have  general  charge  of  the  accounts 
1251  among  other  things,  and  up  to  the  year  1875  a  considerable 
part  of  them  wore  kept  in  my  handwriting. 

Q.  Havo  you  those  hooks  of  accounts  or  that  hook  hero? 
A.  X  have  ono.  I  havo  an  abstract  of  all  the  rest. 

Q.  Have  you  an  abstract  of  the  accounts  of  machinery 
and  apparatus  made  in  connection  with  the  now  called 
“  quadraplex?" 

A.  Yes,  sir. 

Q.  Will  you  produeo  that? 

Mr.  Butler :  I  prefer  to  havo  the  book.  (Witness  pro- 
1262  duces  book.) 

Mr.  Butler:  I  prefer  to  verify  tho  abstract  mndo  by  this 
witness  with  tho  book. 

(General  Butler  holds  tho  book  and  tho  abstract  is  verified 
by  the  witness  ns  follows:) 

£?.  Under  date  of  June  28, 1878,  is  the  following  entry :  11 0 

/nqj  MJ< ixperimentnl  relays.  Edison.”  I  find  tho  book  says 
'I  I  IP'’  “Edison,"  but  I  omitted  Edison  in  putting  it  down  here,  and 

1253  x  now  put  it  in  pencil  on  the  abstract  The  amount  is  $1*14. 
Under  same  date:  "  6  experimental  koys,  $89 ;  total,  $183. 

By  Mr.  Lowcy  ; 

Q.  This  is  1873? 

A.  It  is  the  year  1878,  at  present  I  find  on  my  abstract 
here,  under  date  of  August  20th,  some  apparatus  amount* 
ing  to  $102,  which  I  -don’t  find  entered  under  the  dnto  of 


kt'Ut  II)  ( 


Kfkfrj  " 


(I, 


2(5/7 3vKe,Yh. 


August  20tli,  in  my  book,  and  I  can  toll  tho  roason  of  that 
and  can  point  it  out  if  it  is  desired.  I  havo  made  a  copy  of 
thoso  papers  several  times.  This  dnto  of  August  20tli  un¬ 
doubtedly  refers  to  the  dato  of  delivery.  Wo  had  delivered 
a  great  many  things  to  Mr.  Edison,  somo  of  it  had  boon  de¬ 
livered  not  knowing  whore  tlioy  were  properly  to  bo 
clmrgod,  and  afterwards  they  wore  charged  undor  a  subse¬ 
quent  dato.  I  will  look  for  it  and  I  havo  no  doubt  that  I 
can  find  it  in  tho  book  in  a  little  while. 

Mr.  Butler:  Wo  will  call  that  not  proven  then. 

Mr.  Loiorey:  If  ho  doos  not  Had  it,  it  will  bo  disregarded. 

Wtnm:  Undor  dato  of  Juno  25, 1874,  I  find  here,  2 
oxporimontnl  relays  for  Mr.  Prescott ;  2  oxporimontal  trans¬ 
mitters;  2  polarized  relays;  altering  2  polarized  relays, 
$110. 

By  Mr.  Butler  : 

Q.  How  is  it  entered  there  ? 

A.  I  know  prooisoly  what  thesa  were. 

Q.  What  wore  they? 

A.  Tlioy  rolato  to  the  quadruplox  matter;  I  know  what 
they  are,  fori  nin  familiar  with  them;  tho  noxt  is  Juno 
27th :  4  sounders  for  Prescott,  mid  alterations  to  tho  same, 
$85  ;  this  is  1874  ;  tlion  the  noxt  entry  is  July  6th. 

Q.  Stop  a  minute.  Do  you  find  on  your  book  a  memo¬ 
randum  like  this,  “Cases  99  and  100,  caveat  68  of  Gerrit 
Smith  ?" 

A.  No,  that  is  not  in  tho  book;  if  you  have  thoso  ex¬ 
hibits  that  were  produced  in  court,  I  can  point  out  to  you 
tho  connection  between  thoso,  beonuse  they  wore  in  the 
nature  of  orders  to  us  to  make  tho  apparatus . 

Mr.  Butler:  Suppose  you  run  through  the  bonks  first. 

The  Witness:  Tho  last  was  $35;  that  was  verified;  the 
noxt  is  July  6th,  4  duplex  rheostats  for  Mr.  Presontt,  $160. 


308 


1258  Mr.  Butter :  Beforo  you  pass  from  tlmt  I  find  tiro  word 
“query”  thcro  in  your  handwriting.  j 

A.  That  query  is  put  in  there  for  this  reason:  I  cannot 
positively  say  that  thoso  four  particular  pieces  of  apparatus  | 
wcro  for  that  purpose ;  I  prcsumo  they  wore,  but  I  don’t  j 
know  that  fact  absolutely,  therefore  I  put  that  query. 

Q.  Go  on. 

A.  July  8th,  2  condensers,  Mr.  Prescott,  $80. 

By  Ur.  Dickerson : 

J259  Q.  Thoso  woro  for  quadruplox? 

A.  Yes,  sir. 

By  Ur.  Butler : 

Q,  Go  on. 

A.  July  10th,  8  models  for  Mr.  Prescott,  $74 ;  tho  noxt 
is  July  14th,  at  tho  bottom  of  the  page,  4  experimental  in¬ 
struments  for  Sir.  Prescott,  as  per  order  and  specifications, 
$120.  That  is  tho  last  ontry  on  tho  page.  Tho  next  is 
July  24th,  5  experimental  instruments  for  Sir.  Prescott,  as 
per  order  and  specifications,  $105 ;  July  81, 1  model  for 
1280  Mr.  Prescott,  $12 ;  August  20th,  quadruplox  apparatus, 
order  Sir.  Prescott.  There  is  a  lot  of  details  hero  which  I 
will  read  if  desired. 


Ur.  Butler:  You  had  bettor  read  them. 

The  Witness:  Pour  doublo  relays,  0  sounders,  8  polarized 
relays,  differential  rolays,  2  polariz:d  rolays,  4  rheostats,  2 
magnets  with  armature  on  haso ;  total,  $605.  September 
22d,  altering  quadruplox  relay,  $16.  That  is  the  last  entry 
1281  on  1,10  Pn£°i  I  think. 

Q.  That  don’t  say  Mr.  Prescott  ? 

A.  Ho,  but  it  says  quadruplox  relay.  That  is  the  way  I 
identify  it.  September  26  is  tho  next,  1  experimental  quad- 
ruplox  relay,  $24;  October  7,  1  model  for  Mr.  Prescott,  $20. 

Q.  I  see  hero  on  the  same  day  “condenser,  Boston,  and  1 
model  for  Mr.  Prescott,” 

A.  The  only  thing  that  was  put  in  here  was  the  $24. 

Q-  I  put  iu  tho  other. 


A.  You  can  do  so,  I  suppose.  Tho  next  is  October  13,  2  1262 
experimental  relays,  Mr.  Prescott;  4  polarized  relays,  4 
special  spark  coils,  aggregating  $144.  October  14,  1  ex- 
porimontal  relay,  Mr.  Prescott,  $24. 

Q.  Tho  first  entry  thcro  is  5  fast  stock  printers.  Mon¬ 
treal  'Holograph  Company  1,  and  1  experimental  relay  ? 

A.  Yes,  Mr.  Prescott,  $24.  Tho  noxt  is  December  19. 

Q.  Thera  is  another  one  ? 

A.  I  have  a  query  thcro,  ns  you  will  notice,  and  I  left 
that  ontry  out  in  conscquonco  of  that.  Dccombor  19,  altera¬ 
tions  to  transmitting  sounder,  $3.  1263 

Q.  There  is  an  entry  here,  “  Alterations  to  polarized  relay 
for  Prescott?" 

A.  Tho  noxt  is  December  24,  Mr.  Prosoott,  alterations  to 
polarized  relay,  $10.80.  Beyond  December  24  tho  books  are 
not  here.  They  are  not  iu  my  handwriting  for  any  length 
of  time  after  that.  I  can  hnvo  them  hero  in  n  few  minutes. 

Q.  Wo  don’t  desire  after  Dccombor. 

A.  There  are  other  experimental  'instruments  furnished 
wiiioh  I  hnvo  n  record  of  hero. 

Mr.  Dickerson:  In  that  oonneotion  wo  hnvo  Mr.  Edi-  1264 
son’s  orders  indorsed  by  Mr.  Prosoott,  which  are  photogra¬ 
phic  copies  of  the  original.  Tho  originals  wore  in  our  bag 
among  somo  papors  which  hnvo  been  lost  or  mislaid  in  tho 
courso  of  tho  trial ;  thoso  woro  madu  a  good  while  ago  and 
nro  photographs  of  tho  originals. 

Mr.  Butler :  I  don’t  make  any  objection ;  I  neoopt  thorn 
under  that  statement  of  tho  counsel. 

By  Ur.  Dickerson : 

Q.  (Handing  witness  papors.)  Do  you  recognize  thoso  1265 
papers  ? 

A.  Tho  originals  of  thoso  woro  sent  to  us  and  enmo  into 
my  hands  in  tho  usual  course  of  business. 

By  the  Court :  . 

Q.  Sent  to  tho  factory? 

A.  This  p  ip  >r  which  I  hm  real  inclulu  the  apparatus 


810 


811 


1208  made  from  tlicso  ordors.  I  linvo  onoo  identified  the  exact 
relation  botween  them  nnd  tho  original  papers  wltieli  you 
had. 

Q.  You  had  tho  original  papers  when  you  identified  the 


By  Mr.  Butler  : 

Q.  Thoso  woro  a  description  of  tho  thing  that  was 
wanted  ? 

1207  A.  Yos,  that  was  tho  indorsement  requesting  tho  factor; 
to  mako  thoso  things. 

By  Mr.  Dickerson : 

Q.  Tho  orders  woro  in  tho  handwriting  of  Mr.  Edison  ? 

A.  Yes. 

Q.  The  indorsement  in  tho  handwriting  of  Mr,  Prescott? 

A.  Yes,  somo  of  them  linvo  no  indorsement. 

Q.  Tho  indorsements  are  all  in  Mr.  Prescott’s  hand¬ 
writing? 

1208  A.  This  first  papor  which  is  in  Mr.  Edison’s  handwriting 
calling  for  various  pieces  of  apparatus,  is  indorsed  by 
Mr.  Prescott,  under  dato  of  Juno  10th,  1874.  This  which 
1  now  hold  in  my  hand  is  a  series  of  sketches  for  patent 
office  models  which  wo  woro  requested  to  make.  On  the 
last  hut  ono  I  find  Mr.  Prescott's  indorsomont:  “Please 
mako  this  inodol."  That  sooms  only  to  rofor  to  ono,  but  my 
recollection  is  tlint  they  all  came  in  a  bunch. 

Q.  Thoso  models  woro  mado  ? 

A.  Yes,  those  I  road. 

1280  Q-  Those  models  wero  for  what  ? 

A.  Tho  models  were  for  the  apparatus  described  thoro 
in  94  to  100. 

Q.  You  mado  the  models  from  94  to  100  under  that 
order? 

A.  Yes,  sir.  I  find  a  letter  in  Mr.  Edison’s  handwriting, 
signed  by  Mr.  Prescott,  ordo'ring  certain  apparatus,  which 
was  tho  apparatus  in  ono  of  tho  entries  I  have  read.  I  find 
our  regular  office  stamp  upon  it.  Tho  word  “done"  is 


stamped  upon  it  The  stamp  is  so  indistinct  that  I  cannot  1270 
see  tho  month,  but  it  is  the  14th  of  June  or  July.  Here  is 
another  which  I  also  recognize,  which  is  a  copy  of  tho  origi¬ 
nal  that  wo  had  in  the  handwriting  of  Mr.  Edison  entirely 
except  tho  endorsement,  which  is  in  Mr.  Prescott’s  hand¬ 
writing.  There  is  a  memorandum  of  my  own  under  that, 
showing  when  they  woro  delivered.  There  lias  a  pencil 
mark  been  mado  since  tho  photo-lithographing  was  dono 
on  tho  face  of  it. 

(Various  papers,  consisting  of  letters,  sketches,  etc.,  offered  1271 
in  evidence,  nnd  marked  defendant’s  Exhibit  No.  48.) 

Q.  What  is  the  sum  of  tho  expenses,  in  tho  account 
which  you  have  just  verified? 

A.  Shall  I  omit  tho  one  which  I  was  not  ablo  to  point 
out? 

Q.  You  may  omit  that  for  the  present. 

A.  I  am  willing  to  state  positively  that  it  is  in  tho  book, 
nnd  that  I  can  undoubtedly  find  it. 

Q.  Take  tho  sum  of  tho  expenses,  then  ? 

A.  Up  to  tho  time  that  wo  stopped  verifying  tho  ab-  }272 
struct  7 

Q.  Up  to  tho  timo  that  the  account  ended. 

Mr.  Butler:  It  ended  Dcccmbor  80th,  1874. 

Mr.  Dickerson ;  Givo  us  tho  sum  of  tho  oxponses  up  to 
tho  timo  tho  account  ended. 

A.  It  will  take  mo  some  few  minutes  to  mako  tho  foot¬ 
ings. 

Mr.  Dickerson :  You  can  leave  that  question  to  bo  an-  mg 
swered  hereafter.  I  will  ask  you  another  question  now. 

After  that  date,  wero  there  other  expenditures  in  develop¬ 
ing  tho  qundruplex  in  tho  way  of  experimental  work  dono 
by  you  ? 

A.  There  wore. 

Q.  From  tho  80th  of  Dccembor,  1874,  up  to  the  present 
time? 

A.  Yes. 


818 


812 

1274  Mr.  Butler:  I  object  to  this  evidcnco  on  tlio  ground  that 
after  Mr.  Edison  mado  liis  transfor  and  censed  to  linvo  any¬ 
thing  to  do  with  tho  matter,  it  is  immaterial  to  show  that 
tho  defendants  went  on  making  apparatus  for  a  thing 
that  they  claimed  to  have  bought  on  the  80th  of  December, 
I  object  to  testimony  in  regard  to  what  was  done  after  iho 
time  that  they  had  notico  that  tho  contract,  so  far  ns  Edison 
was  concerned,  was  rescinded  and  that  adverse  interests  had 


1275  Mr' I>ichrson  •  point  of  view  in  which  wo  offer  tho 
ovidonco  in  this.  Mr.  Edison  loft  us  before  this  invention 
was  developed  to  its  practical  maturity,  with  certain  pro¬ 
cesses  going  on  and  certain  apparatus  being  made,  and 
which  have,  since  tlmt  time,  been  developed,  and  it  has  cost 
tho  Western  Union  Company,  in  pursuing  tho  expondi. 
turcs,  tho  boginning  of  which  was  previous  to  the  date  of 
Mr.  Edison’s  departure,  a  largo  sum  of  money  to  porfeot 
and. dovolop  them;  and  it  belongs  to  tho  equities  of  our 
easo  to  show  tho  amount  of  such  oxponditures. 


1270  Mr-  Bounty:  Our  object  is  to  provo  that,  subsequently  to 
$°  dnt0  monlionod,  *1»  Western  Union  Company  and  Mr. 
Prescott  wore  necessarily  involved  in  tho  expenditure  of 
largo  sums  of  money  in  order  to  perfect  and  complete  tho 
Edison0”8  ”"d  pr°00SS0S  "’llioh  woro  left  incomplete  by  Mr. 

which  “  T"  lh0  ground  tlmt  notion 

c  d  d  nrh  °  mV°b.oen  8'von  has  the  effect  con- 
tended  for  by  your  adversaries,  it  is  a  matter  of  no  sort  of 

1277  Er  T  °XPendir 8  «»  -bscqucntly  made.  If 
_t  docs  not,  of  courso  you  have  no  advantage  in  putting  it 


(Defendants  except) 


The  Witness:  Pennit  mo  t( 
the  book  which  I  omitted  in 
verified  if  desired.  It  is  the 


1  call  attention  to  ono  thing  in 
calling  out,  and  which  can  be 
six  sets  spoken  of  in  Novem¬ 


ber,  amounting  to  $1,728.  That  entty  is  here,  and  I  can  1278 
point  it  out 

Q.  In  addition  to  the  others  you  lmvo  mentioned  7 
A.  In  addition  to  what  I  have  given  you. 

Q.  Havo  you  got  tho  sum  total  of  tho  oxponses  up  to 
December  80, 1874  ? 

A.  $8,554.80  is  the  aggregate  up  to  that  dato. 

By  Mr.  Butler; 

Q.  Including  this  item  of  November  ?  1270 

A.  Yes,  sir ;  including  tho  ono  I  lmvo  just  given  you. 


Q.  Ilavo  you  tho  order  under  which  this  item  of  Nov¬ 
ember  was  included  ? 

A.  It  1ms  boon  in  Court  two  or  throe  times ;  Ilmvn'tgot 
it  myself,  but  I  lmvo  seen  it  and  remember  it  very  well ;  I 
think  it  is  tho  ono  from  which  you  quoted  a  few  moments 
ago. 

Q.  Tho  ono  whore  Mr.  Orton  said  ho  would  put  speed  in¬ 
to  them  ? 

A.  Yes,  sir. 

Q.  Were  those  six  sets  ordered  October  10th. 

A.  About  that  time. 

Q.  Those  were  put  to  work  on  tho  lino? 

A.  I  presumo  so ;  I  didn't  put  them  thero,  but  undoubt¬ 
edly  they  wore. 

Q,  You  know  they  were  operating  ? 

A.  Yes ;  I  knew  they  were. 

Q.  And  all  these  machines  which  woro  made  after  tho  1281 
10th  of  July  wero  put  to  work  on  circuits,  longer  or 
shorter,  as  they  wore  adapted  for  tho  puiposo  of  the  busi¬ 
ness;  they  were  set  to  work? 

A.  I  presumo  not  all  of  them ;  I  think  some  of  the  cart 
lier  ones  woro  worked  on  local  circuits  in  the  office  ;  I  pro- 
sumo  Eome  of  tho  onrlier  ones  never  went  on  the  line. 

Q.  Tho  earlier  and  experimental  ones? 

A.  Yes. 


40 


(»£>{»£>  !>p  t>£> 


1282  Q-  Blit  as  they  eamo  to  he  developed  they  wero  put  on 
the  lino  ami  worked  on  the  line? 

A.  I  suppose  so ;  I  am  not  concerned  with  that  part  of  tho 
business,  understand;  I  cannot  speak  positively  about 
that. 

Q.  Will  you  look  at  the  hook,  or  your  exhibit,  nnd  tell 
me  the  date  of  a  relay— one  differential  relay,  three  duplex 
transmitters  nnd  two  relays.  Have  you  such  a  charge? 

A.  I  don't  see  it  here  among  those  that  I  have  got. 

Q.  I  think  those  wero  in  1878  ;  you  didn’t  givo  mo  but 

1283  two  in  1878.  Look  in  1878? 

A.  Hero  is  six  experimental  relays,  cost  §188. 

Q.  One  differential  relay? 

A.  That,  I  think,  is  down  here. 

Q.  What  timo  is  that? 


1878? 

Yes. 

Tho  throe  duplex  transmitters? 

Yes. 

Amounting  to  §36  ? 

Yes. 

And  two  relays,  §82  ? 

Yes. 

(Handing  witness  paper.) 

Q.  Were  those  given  under  that  order,  Exhibit  10  ? 
own  on  1  pr°SUnie  60 1  1  ",so  flnd  H  llns  writing  of  my 

Q.  You  know  that  ordor? 

A.  Yes. 

f  "d  ‘I01'6  is  a  furtllel'  memorandum,  "Borrowed  Au¬ 
gust  20th,  1873,  N.  0.  M.,”  that  is  Norman  0.  Miller,  isn’t 

A.  1  suppose  so. 

Q.  You  havo  no  doubt  of  it,  have  you? 

A.  I  think  so. 

Q.  And  the  whole  order  is  in  his  handwriting? 


A.  I  am  not  familiar  with  Mr.  Millor’s  handwriting,  and 
could  not  say. 

Q.  On  this  side  there  is  a  relay  of  125  ohms  and  a  Phelps 
key ;  havo  you  got  those  on  your  list? 

A.  No,  sir;  if  you  ask  mo  why,  according  to  my  best 
judgment,  I  think,  I  know.  It  was  because  Mr.  Edison  got 
somo  of  that  apparatus  from  us  at  the  factory,  and  he  also 
got  othor  apparatus  from  tho  supply  department,  which  is 
another  concern  from  us. 

Q.  But,  wasn’t  it  all  got  from  tho  supply  department?  I 
find  on  tho  samo  paper  "  Borrowed  of  W.  0.  Cqig,  April 
J  1st,  1878,  by  N.  0.  M:"  That  is  Normnn  0.  Miller  again? 

A.  I  don’t  know ;  I  do  know  that  what  is  in  this  paper 
was  furnishod  by  his  ordor;  I  romombor  tho  transaction  ; 
that  paper  rocalls  it  to  ray  mind. 

Q.  Wero  those  specified  in  tho  account? 

A.  Yes,  and  they  agree  with  this  precisely,  ou  ouo  side  of 
tho  paper. 

Q.  After  thoso  wore  mndo,  if  thoy  were  returned,,  they 
would  be  returned  to  tho  supply  department,  I  suppose  ? 

A.  After  thoy  wero  made  ? 

Q.  Yes,  after  thoy  wore  mado  and  loaned  to  Mr.  Miller,  : 
when  thoy  wore  returned  thoy  would  bo  returned  to  tho 
supply  department,  wouldn’t  thoy  ? 

A.  I  don't  know  that ;  they  novor  wero  roturnod  to  us. 

Q.  Thoy  would  bo  returned  to  tho  supply  department, 
would  thoy  not  ? 

A.  I  don't  know  how  that  would  bo,  I  am  sure ;  I  don’t 
know  anything  about  their  being  returned. 

Q.  You  would  know  whothor  they  wero  returned  to  your 
department  ?  ^ 

A.  I  know  they  wore  not  returned  to  us. 

Q.  Thoy  were  not  returned  to  you  after  they  wore  bor¬ 
rowed  ? 

A.  No,  sir. 

Q.  Then  thoy  stand  on  your  books  of  account  as  bor¬ 
rowed,  and  whether  thoy  wore  returned  you  havo  never  ex¬ 
amined  to  see? 

A.  Thoy  don’t  stand  on  our  books  ns  borrowed. 


f 


816 

1290  Q.  They  were  borrowed,  woro  thoy  not  ? 

A.  It  seoms  so  from  Chat ;  but,  so  far  ns  wo  woro  con¬ 
cerned,  they  were  chnrgod  up. 

Q.  That  is  to  say,  in  order  to  keop  your  accounts  straight 
you  charged  thorn  up  ? 

A  Certainly. 

Q.  You  charged  thorn  up  to  whoever  thoy  woro  issued 
to;  that  is  the  way,  I  supposo,  is  it  not? 

A.  That  would  be  the  way. 

Q.  Wero  those  ontered  at  the  timo  of  tlio  dolivorv  or 

1291  before,  or  after  ? 

A  You  mean  this  particular  ono,  or  in  gcnoral  ? 

Q.  In  general. 

A  They  were  made  upon  the  samo  day;  sometimes,  nos. 
sibly  within  a  day  or  two. 

Q.  I  find  that  you  lrnvo  got  down  boro  six  sots,  and  that 
apparently  thoy  woro  ordered  on  the  21st  of  December,  anti 
woro  delivered  on  the  80th  November. 

A.  I  think  thoy  woro  ordered  in  October.  I  could  not 
very  well  deliver  them  before  thoy  woro  ordored 

1292  Q.  That  was  a  mistake,  of  course,  of  mine.  After  this 

entry  of  the  six  instruments  there  is  no  further  entry  there 
ns  to  Mr.  Prescott?  J 

A.  I  believo  there  is ;  I  lmvo  givon  thorn  to  you.  Do- 

r'Ury  ofS8'-'J  December  21st 
an  entry  of  *10.80.  Ihoy  are  small  amounts. 

Q.  Would  that  bo  a  part  of  these  instruments. 

A  It  might  bo;  I  don’t  know  whether  it  was  or  not. 

Q.  You  don’  know  but  what  those  figures  rolnto 
sets  of  instruments  last  delivered  ? 

1293  *don’t .k'’0"’  whether  thoy  do  or  do  not ? 

Q-  lliey  might  and  thoy  might  not? 

A  Yes. 

A.  I  think  there  are. 

marked  them  with  a  query?  rtam  about  tl,0:n  a,lJ 


A  That  speaks  for  itself.  You  will  find  the  word  1291 
“query”  put  opposite  to  suoli  ontries  ns  I  liavo  spoken 
of. 

Q.  And  tlioro  were  other  mattors  ohnrged  to  Mr.  Prescott 
—experimental  mntters  during  this  time,  which  you  did 
not  put  into  this  account,  because  they  didn’t  go  into  this 
class  of  experiments  t 

A  Probably  that  is  the  ease. 

Q.  Do  you  know  anything  about  the  dates  of  the  inven¬ 
tions. 

A.  Not  very  much.  Would  it  bo  proper  for  mo  to  say,  1295 
in  connection  with  the  models,  that  on  tho  book,  eight 
models  nro  charged,  and  this  paper  onlls  for  ton.  You  will 
find  subsequently  charged  two  more,  making  up  tho  ton 
oallod  for  hero.  That  is  to  say,  eight  woro  made  at  ono 
timo  and  two  at  another.  My  memory  in  regard  to  tho 
eight  models  is,  that  I  know  Mr.  Edison  brought  those  to 
mo  in  person,  and  I  conversed  with  him  about  it. 

Q.  The  drawings  called  for  ton,  and  oight  woro  inado  at 
one  time,  nud  two  subsequently  ? 

A.  Yes.  129(1 

Q.  Did  Mr.  Prescott  know  of  and  direot  tho  work  done 
on  these  quadruplex  maohinos  duriug  tho  fall  of  1874  ? 

A.  Ho  did. 


By  Mr.  Dickerson ; 

Q.  What  is  your  profession  and  position  ? 

A.  I  am  tho  oieetrieian  of  the  Western  Union  Telegraph 
Company. 

Q.  How  long  havo  you  been  sueli  ?  1297 

A.  Seven  years. 

Q.  You  were  tho  Goorgo  B.  Prosoott  party  to  tho  con¬ 
tract  of  August  19tli  with  Thomas  A.  Edison,  in  this  suit? 

A  Yes. 

Q.  Has  any  other  person  than  Thomas  A  Edison  any 
interest  with  you,  directly,  or  indirootly,  in  that  contract? 
(Objected  to  as  question  of  law.) 


1298  Mr,  Dickerson :  We  wish  t 

';as  °0,|trnofJ  agreement  "''1Ct,10r  Mr.  ft*  | 
else  by  which  m,y  one  else  „  "rr.n"g°'ncnt  with  n»v  om  I 
profit.  7  e,so  pertioipatos  will,  )lim  ,;f  I 

The  Cnirt  •  *pi,n*  .  i-t' 

edto.  ■  <ll|esti°n,  I  presume,  lv,„  llot  bo  0  bjcct 

Q.  UjjyQ  y*. 

.»  ^  ■ 
shnr°",1,°n  ,m''°  lwd>  notr  have’  Z  "h'Ch  a">’  P«won  or 

•t 

2  Precis  thereof ? 

1800  tZT',  t  i 

s? ^■‘•sssssaXSit 

:£?k=T  I 

Ts„.u„ . 

TfJ,  1 

-  ‘vasSr SKf  * *■* — -  I 

(Objected  to.)  <3 

25.VS t,mtJett-?  I 

I 

vk 


I  Q.  What  is  that  heading?  ISq2 

I  A.  Tlmt  is  the  beading  of  my  official  paper;  it  was  writ- 
j  ten  in  my  oflico  by  Mr.  Edison,  on  my  official  paper. 

|  (Defendant’s  counsel  reads  in  evideneo  memorandum  of 
agreement  abovo  referred  to,  dated  June  21,  1874,  marked 
Defendant's  Ex.  No.  44.) 

Q.  Was  that  agreement  ever  signed  by  you? 

A.  No,  sir. 

Q.  Will  you  state  what  alterations  were  made,  if  an}’,  in  1303 
that  proposition,  and  under  what  circumstances? 

A.  I  suggested  to  Mr.  Edison  tliat  this  clause,  ‘‘Also  that 
the  profits  at  wbioh  tbo  inventions  are  to  be  sold  shall  bo 
satisfactory  to  myself should  bo  mado  to  read  satifao- 
tory  to  both  Mr.  Edison  nnd  myself ;  also,  that  in  regard  to 
tbo  clnuso  relating  to  tbo  proceeds,  whore  be  is  to  reoeivo 
$1,125,  because  bo  bad  paid  for  certain  models  for  tbo  pa¬ 
tent  offico  previously,  that  I  would  agree  to  pay  for  those 
without  oxponso  to  him  in  future ;  thoso  were  tbo  two  modi¬ 
fications,  and  all  that  I  think  were  suggested .  Mr.  Edison  1304 
agreed  to  thoso  changes  that  I  suggested. 

Mr  Butter  :  I  object  to  this  evidence. 

The  Cowl:  It  does  not  vary  tbo  terms  of  tbo  contract  at 
all ;  it  merely  has  a  bearing  upon  the  question  os  to  whe¬ 
ther  any  undue  influence  was  exerted  upon  Mr.  Edison,  or 
any  unfair  advantage  was  takon  of  him.  It  has  a  bearing, 
perhaps,  upon  that  collateral  issue,  otherwise  it  would  not 
be  relevant  or  important. 

(Objection  withdrawn.)  1305 

Q.  In  the  contract  of  July,  9th,  which  was  amended  Au¬ 
gust  19th,  it  is  provided  that  neither  party  shall  sell  or 
lieonso  without  the  consent  of  tho  other.  Will  you  stato 
the  circumstances  under  which  that  provision  was  mado? 

(Objected  to  on  tho  ground  that  tho  contract  is  made  and 


820 


.  .  821 


1303  has  its  own  effect,  and  that  all  negotiations  were  merged  in  i. 

'l)  '  1 
The  Court:  1  do  not  tliink  tlicro  is  any  evidence  before 

tlio  Court  which  will  justify  a  finding  of  pressure  or  unduo  if 
influence  at  ail.  There  is  no  evidence  which  occurs  to  mo  i i 
now  upon  which  tliatpointcan  be  made.  I  will  permit  this  f 
testimony  to  go  in;  it  has  no  other  bearing;  it  does  not  •? 
vary  the  terms  of  the  contract,  and  is  not  offered  for  that  :j 
purpose,  but,'  like  the  testimony  just  received,  to  which  oh-  ; 

1807  jcolion  wns  wWidrawn,  it  would  lmvo  a  bearing,  and,  per-  1 

haps,  an  important  bearing,  upon  the  question  of  undue  in-  ,'f 
ilucnce  or  pressure.  I 

Hr.  Sutler ;  So  far  as  that  particular  clause  of  tho  contract  :j 
is  concerned,  wo  have  already  put  in  somo  testimony  show-  * 
ing  that  Edison  put  it  in  ;  and  lieiff  says  it  was  tho  only  "■{ 
saving  elauso  to  save  Edison  and  himself.  * 

Q.  You  have  been  in  court  duriug  this  trinl  and  heard 
.  „„„  1 10  tCEtimon->'  of  Jrr-  ScrrcI1  when  lio  was  on  tho  stand  ?  ; 

1808  A.  Yes,  sir. 

Q.  Will  you  tell  us  tho  conversation  with  Mr.  Sorrell  '  ] 
that  preceded  the  alterations  of  the  contract,  so  ns  that  you  :  j 
were  no  longer,  apparently,  tho  joint  inventor,  but  tho  ns-  :] 
Bigncc  ?  ■  j 

(Objected  to  on  tho  ground  that  defendants  have  nlrondy 
piovcd  by  Mr.  Sorrell  a  certain  conversation  between  Pres¬ 
cott  and  himself,  and  they  prove  it  ns  they  chose,  and  they 

1809  mony1  n°'V  Und°rlnlt0  l°  conlradil!t  or  l°  support  his  testi- 

.  f!lc  Courl:  t»«st  exhaust  their  case  in  tho  first 

instance. 

(Exception.) 

abom  fi,V°  lll°  convcrtnlio«  ia  substance.  On  or 
about  the  19th  of  August,  1874,  I  went  to  Mr.  Sorrell’s 


office  to  sec  tho  application  for  duplex  inventions  which  Mr.  .  1310 
Sorrell  and  Mr.  Edison  had  prepared. 


By  the  Court ; 

Q.  The  applications  for  presentation  to  tho  Commissioner 


By  Mr.  Dickerson : 

Q.  From  94  to  100? 

A.  Yes.  These  specifications  were  prepared  to  be  signed 


1811 


A.  Yes.  These  spcciucatiotis  were  prepuruu  lu  uo 
by  Edison  and  myself  as  joint  inventors.  During  tho  -it, 
terview,  Mr.  Sorrell  remarked  that  Mr.  Edison  hnd  mndo 
somo  applications  for  duplox  inventions  through  Munn  & 

Co.,  and  that  ho  had  sineo  givon  him  (Mr.  Sorrell)  a  power 
of  attorney  in  thoso  oases.  I  think  ho  said  that  ho  hnd  at¬ 
tempted  to  get  them  from  tho  Patent  Office ;  1  cannot  givo 
tho  conversation  oxnctly  as  it  ocourrcd  in  his  own  words, 
lie  remarked  that  if  any  of  the  inventions,  for  which  Mr. 
Edison  had  made  previous  applications,  contained  any  do-  18i2 
vices  which  wero  in  tho  present  applications,  legal  difficul¬ 
ties  might  nriso  in  tho  future  ns  to  the  faot  of  tho  joint  in¬ 
vention.  lie  remurkod  that  ho  did  not  know  whether  there 
wore  any  or  not.  I  then  asked  him  what  constituted  a 
joint  invention,  and  ho  said  that  it  must  bo  something  more 
than  furnishing  facilities  to  make  the  invention  ;  something 
more  than  tho  more  testing  of  tho  machine,  and  gave  some 
definition  upon  which  I  made,  substantially,  this  inquiry : 

"To  bo  joint  inventors  is  it  necessary  that  onok  of  the  par¬ 
ties  to  it  should  liavo  contributed  some  essential  feature,  1818 
separate  and  distinct,  so  that  one  can  say  this  particular 
thing  is  mine,  and  the  other  can  say  that  particular  thing 
is  his."  Mr.  Sorrell  replied,  as  I  recollect,  substantially 
that  it  was.  I  then  said  to  him, 11 1  do  not  consider  myself 
a  ioint  inventor,  and  I  shall  decline  looxecuto  these  papers 
as  joint  inventor."  I  then  asked  Mr.  Sorrell  how  I  cOu  d 
have  my  rights  protected.  Ho  said  that  Mr.  Edison  could 
apply  for  a  patent  ns  tho  inventor  and  assign  a  half  interest 
to  me.  That  was  substantially  all  the  conversation  that 


3 


S22 


1314  took  plncc.  I  subsequently  s 


’  Mr.  Edison  and  tol!  ;bo  considered.  You  are  now  giving  him  notice  ;  tlu 
ftb  bo  nil  tlioi'o  is  in  tbo  ground  of  your  objection. 


Ur.  Butler :  Tlmt  is  certainly  objectionable. 

The  Court:  It  would  be,  unless  Mr.  Edison  wero  subse¬ 
quently'  informed  of  what  look  place,  as  tbo  witness  seemed 
to  bo  going  on  to  state. 

Ihc  Witness;  I  saw  Mr.  Edison,  I  think,  the  saino  day 
and  told  him  of  my  interview  with  Mr.  Sorrell  and  what  I 
1816  had  decided  upon.  Mr.  Edison  acquiesced  in  it  anil  wont 
with  me  to  Mr.  Sorroll’s  olliee,  where  the  subject  of  tlic  sub¬ 
stitution  of  the  paper  of  August  10  th  for  tlmt  of  July  9th  was 
agreed  upon.  I  think  I  let!  with  Air.  Sorrell  a  copy  of  my 
agreement  of  July  9th,  and  that  ho  mndo  some  marks  in  pea- 
oil  upon  it  in  his  own  hand.  If  you  Imvo  that  paper  I 
think  you  will  fiud  tboro  nro  some  pencil  momoranda  in 
Mr.  Sorrell's  writing  upon  it. 

Q.  That  original  paper  contains  marks  mado  by  Mr.  Sor¬ 
rel  upon  it  at  tlmt  time? 

1310  A.  Yes. 

Q.  Hnvo  you,  at  presont,  knowledge  of  the  contract  said 
to  have  been  executed  October  1st,  1870,  botwoon  Goorgo 
Harrington  and  Thomas  A.  Edison,  and  also  of  another  in- 
strumont  said  to  have  boon  executed  by  Thomas  A.  Edison 
April  4th,  1871,  which  nro  exhibits  in  tho  bill  of  complaint 
against  you  in  this  case? 

Ur.  Sutler:  I  objeot  to  tho  question  on  tho  ground  that 
the  rule  ot  practice  invariably  is  that  when  you  begin  to 
1S17  put  in  a  conversation  you  must  go  through  the  whole  of  it, 
and  that  you  cannot  return  to  it  afterwards,  after  you  have 
put  m  other  matters  which  may  tend  to  lead  the  witness. 
If  ho  has  finished  this  conversation,  anil  don’t  mean  to  re- 
urn  to  it,  then  lie  can  go  on  with  any  other  part  of  his  case 
the  he  likes  but  lie  cannot  return  to  this  conversation.  I 
object  to  that  question  at  this  time  upon  that  ground. 


i|  A.  Yes,  sir. 

S  Q.  When  did  you  first  have  knowledge,  notieo,  informa¬ 
tion  or  suggestion  ot  any  kind  of  tho  existence  of  tlicso 
papers,  or  either  of  them  ? 

A.  Not  until  after  tho  Gould  and  Harrington  operations 
of  Jnnuary,  1876. 

Q.  Not  till  tho  year  1876  ? 

;  A.  No,  sir;  not  until  tlmt  year.  1819 

I  By  the  Court : 

|  Q.  What  do  you  refer  to  by  tho  torm  “  opomtions,"  any 
'contract  or  paper? 

■i  A.  What  I  rofor  to  is  tho  ovidonco  in  regard  to  what  Jay 
Gould  had  bought  of  George  Harrington  about  the  13th  of 
January,  1876. 

■>  Q.  You  rofor  to  some  contract  or  transfor  tlmt  is  in  ovi- 
donco  ?  1820 

A.  Yes,  sir ;  I  rofor  to  tlmt  fact  which  is  ovidonco,  that 

about  tho  midillo  of  January,  1876 - 

j  Q.  Tho  torm  “  operations, "  which  you  uso,  rotors  to  some¬ 
thing  that  1ms  boon  put  in  ovidonco  lioro? 

!  A.  Yes. 

By  Mr.  Diclccrson: 

Q.  You  hoard  Mr.  Sorrell  testify,  you  say,  tho  otlior  day, 
in  respect  to  some  stntomcnt  said  to  liavo  been  mado  by  him 
,io  you,  as  to  tho  contract  on  record  of  April  4th,  1871.  Did  1321 
■you  hear  what  Mr.  Sorrell  said  on  tho  subject? 


The  Court:  When  ho  does  re 


,  (Objected  to  on  tho  ground  that  tho  counsel,  after  having 
brought  the  attention  of  tho  witness  to  other  matters  boforo 
Ins  narration  of  tbo  conversation  was  concluded,  now  re¬ 
turns  to  tho  same  conversation  about  which  bo  interrogated 
the  witness,  and  in  roforenco  to  which  notice  was  given  in 
the  objection  will  |ho  ground  of  objection  previously  stated.) 


»  ?*  ■'  1  nm  olcar  t,mtit  bo  an  error,  General 

Butler,  if  I  were  to  exclude  tins  testimony;  of  course  tlio 
objection  you  stato  is  applicable  to  the  question  which  you 
anticipate,  but  the  question  now  put  is  simply  whotl  eHia 
board  what  Mr.  Sorrell  said.  W  IWMM.ot  ho 

A.  I  did. 

or^vDoLM,'‘  Sm'011’  ?“  y°m'  ln'eso',cc-  in  that  conversation 
01  any  othci  conversation  provious  to  1875,  over  rotor  to  or 
montion  the  contract  of  April  4th,  1871,  on  record  in  the  l 
Patent  Office,  or  any  contract  whatever  on  record  or  not  on  i 
1823  recori’.  botwoon  Harrington  and  Edison  ?  '  | 

(Objected  to  as  contradicting  their  own  witness,  and  also 

quest!o„rUn  S'nt  11,0  °bj00ti0n  t0  11,0  ,M‘  l,r000|bng 

cause,  m  putting  him  before  the  Court  ns  a  l™,  1  J°‘ 

1824  an  error  in  regard  to^tho  mnttw°  ^  tImt  1,0  lms  'n!K,°  i 
credibility  in  any  senso.  Vbf*  d°°3  1,ot  eiIect 

(Plaintiff’s  counsel  except) 

A.  Ho  did  not 

on  Uia™, Sr°  09aV°rSati0,,S  With  ^  Sorrell  in  1878 
thos^e'COTvo^lt[0°^COt  10  tbat  <Plcsti°11,  I  did  not  put  i» 


1125 


that  in  1876,  ho  cc 


panoy.  By  W“y  °f  a  P0S3iW°  explanation  of  a  discro. 
Ur.  Dickerson ;  In  that  point  of  viow. 

^  »  insisted  upon  I  will  ex- 


Mr.  Lowrcy  :  For  the  purpose  of  placing  tlio  matter  cor-  1326 
rcotly  upon  tlio  record,  I  suggest  that  we  read  tlio  testimony 
of  Mr.  Serrell  to  the  witness  and  ask  him  whother,  substan¬ 
tially,  tlieso  statements  wore  over  made  to  him  in  connec¬ 
tion  with  the  statement  that  wo  propose  to  prove,  that  the 
conversation  referred  to  by  Mr.  Serrell  took  place  in 
1875. 

Q,  I  hand  you  the  printed  roeord  of  Mr.  Sorrell's  testi¬ 
mony  upon  this  point  and  ask  you  to  read  from  page  74. 
(Witness  rends  same.)  Did  Mr.  Sorroll  over  liavo  any 
conversation  with  you  substantially,  such  ns  is  testified  to  1327 
by  him  upon  page  74  of  the  prinlod  roeord,  folios  298  to 
296,  and  if  so,  when? 

The  Court:  You  don’t  propose  to  contradict  Mr.  Sorroll? 

Mr.  Dickerson :  Not  at  nil. 

A.  I  did  not  hnvo  a  conversation  with  Mr.  Sorroll  at  that 


Mr.  Butter;  I  think  this  ovidcnco  is  objectionable.  1828 

The  Court:  Mr.  Sorroll  has  testified  to  a  conversation  as 
having  occurred  between  himsolf  and  this  witness.  Ho  has 
fixed  tho  time  with  reforonco  to  a  particular  dato ;  now  they 
propose  to  show  not  that  tho  conversation  did  not  occur,  but 
that  it  did  occur  at  a  different  timo  from  whioli  Mr.  Sorroll 
bas  fixed  it  in  his  testimony. 

Mr.  Butter :  I  do  not  think  that  is  objectionable.  ■ 

1329 

A.  I  had  a  conversation  with  Mr.  Serrell,  I  should  think 
somowhoro  about  tho  15th  or  20th  of  January,  1875,  in 
which  tho  subject  of  those  contracts  with  Mr.  Harrington 
was  discussed. 

By  the  Court: 

Q.  The  contract  between  Edison  and  Harrington? 


i 


327 


Snf  1,  r  ?T°n  •'  T°“  lmvo  ro“d  thh  statement  of  Mr. 
Send  of  wlwt  you  said;  you  said  the  contract  only  Cov- 
ered  tho  automatic;  Mr.  Serrell  states:  «  Q.  Wliut  was  Mr 
Preseotts  answer?  A.  Substantially,  that  the  contract  re- 
infe  to  automatic  telegraphy  Imd  nothing  to  do  with 
tins  matter,”  namely,  with  his  contracts.  Did  you  „  .  ‘ 

such  a  statement  ns  that  to  Mr.  Serroll  ?  * 

1JJ81  -A.  I  think  I  did,  substantially. 

Ur.  Butler :  I  must  object  to  tl.is  testimony. 

hikon.  It  will  bo  for  the  Court  to  ,  M  1  resooU  18  ,,lis' 
332  surrounding  otauntatane^^STltT  1,10 
which  of  the  witnesses  is  in  error  I  thi,Tk  It  1°'  "•  ° 

impeaching  Mr.  Sorrell  at  all  »r  -  ‘.orror'  Wltl,0ut 

lotion  of  his  oath.  ’  ollIlr8,,1S  %  With  a  vie 

(Plnintiff’s  counsel  except.) 

Q.  In  what  year  wns  that? 

133  A-  I»  1875. 

A.  I think  about  fo  ty7v0  01l0‘rOU^’  “boU,'? 

,  Q-  You  are  working  som0  0lf  ^'Skt  circuits, 
the  Hughos-Pholps’  maehino?  bos°  1,1  connection  with 

(Objected  to  as  leading.) 

Phelps’  machhio  ?0rk,Pe  **  comiectiou  with  tho  Hughes- 


A.  Yes,  sir.  1334 

Q.  How  many  words  a  minute  go  over  tho  lino  with 
tlioso  machines  ? 

A.  About  fifty-five  words  a  minuto  to  each  machine — tho 
Phelps'  electro-motor  printer. 

Q.  Do  you  know  what  is  called  tho  Domestic  Telegraph  ? 

A.  I  have  heard  of  tho  Domestic  Telegraph  Company ;  I 
am  not  familiar  with  tho  maehino. 

Q.  Do  you  know  what  the  machines  are — what  the  class 
of  maehino  that  tho  Domestic  Telegraph  use  is? 

A.  Automatic.  1835 

Cross-examination  by  Mr.  Butlor. 

Q.  Will  you  have  tho  kindness  to  toll  mo  the  earliest 
date  that  you  can  remember  when  you  heard  from  Mr.  Edi¬ 
son,  or  from  Mr.  Edison's  inventions,  that  ho  proposed  to 
put  two  messages  over  tho  samo  wire  each  way,  at  tho  same 
time,  in  opposite  directions? 

A.  My  earliest  recollection  of  his  using  tho  torm,  or  of 
hearing  it  described -  1336 

Q.  I  don't  ask  you  for  the  uso  of  tho  torm — I  ask  you  for 
tho  fact? 

A.  I  don't,  at  this  momout,  recall  anything  boforo  Juno 
21st  in  that  paper  which  wo  liavo  just  road. 

Q.  Will  you  tax  your  memory  ns  well  ns  you  can  and 
see  whether  you  don’t  recall  that  you  hoard  of  it  oarlior  than 
that;  I  am  anxious  to  get  it  earlier  if  I  can? 

A.  I  don’t  recall  anything  at  this  moment 

Q.  You  had  never  seen  it  done,  had  you,  prior  to  that 
timo ;  nnd  if  so,  who  did  it,  and  when  ?  1337 

A.  No,  sir;  I  novor  saw  it  done  boforo  that 

Q.  I  don't  now  rofor  to  working  on  tho  line — whether  it 
wns  working  on  a  line  in  the  course  of  business  on  a  long 
or  a  short  circuit,  but  experimentally ;  did  you  ever  see  it 
done  in  that  way  ? 

A.  I  don't  recall  tho  circumstances ;  if  I  have,  itliasgono 
from  my  memory. 

Q.  This  contract  of  Juno  21st,  or  memorandum  of  agree- 


moo  moot,  Exhibit  44 ,  was  first  written  apparently  all  down  to  | 
tlio  signature,  and  then  this  memorandum  was  added  : 

(Reads  memorandum  at  the  bottom  of  Exhibit  44.) 

I  want  to  ask  you  what  was  the  condition  of  that  pape 
when  you  first  saw  it — wkethor  that  was  tlioro  or  not  t 

A.  My  recollection  is  that  it  had  it  in. 

Q.  When  you  first  saw  it? 

A.  Yes,  sir. 

Q.  How  is  your  recollection  upon  that  question— pretty 
1389  clear? 

A.  Yes,  sir;  I  should  think  so. 

Q.  Who  first  suggested  that  this  paper  should  bo  drawn 
—that  is,  did  Edison  come  and  oiler  it  to  you  without  sug¬ 
gestion,  or  did  you  suggest  that  somo  paper  should  bo 
drawn? 

A.  I  hnvo  nothing  in  my  inomory  which  would  guido 
mo  ns  to  that. 

Q.  You  don’t  remember? 

A.  No,  sir. 

^0  Q.  For  aught  tlioro  is  in  your  moraory  to  tlio  contrary, 
Mr.  Edison  came  and  brought  this  paper  preoisoly  as  it 
was  when  you  saw  it? 

A.  That  is,  as  I  recollect ;  yes,  sir. 

Q.  So  lar  ns  this  papor  was  concerned,  there  wore  no 
alterations  tnado  upon  your  suggestion  whatever? 

A.  None  that  I  recollect. 

Q.  Had  there  been  any  previous  talk  botwoon  you  and 
him  about  having  somo  paper  drawn? 

*®“  A.  I  don’t  recollect  any. 

Q.  Without  recollecting-  tho  talk,  do  you  recollect  tho 
fnot  that  there  was  any? 

A.  I  don’t  remember  anything  at  all  about  it. 

Q.  Now,  sir,  precisely  what  was  said  upon  tho  occasion 
of  this  paper  being  drawn — of  courso,  I  don’t  ask  you  for  tho 
words,  but  substantially  ? 

A.  I  don’t  recollect  anything  except  that  at  some  time, 
whether  it  was  at  the  time  it  was  drawn,  or  within  a  few 
days,  I  said - 


Q.  I  only  ask  you  what  you  can  remember  ns  to  what  1342 
took  place  at  the  time  ? 

A.  I  don’t  romembor  anything  at  all  that  took  place  at 
the  time. 

Q.  Do  you  remember  anything  that  was  said  about  it 
now  until  tho  contract  of  July  9th  was  drawn  on  that  occa¬ 
sion,  and  if  so,  who  began  tlio  conversation  ? 

A.  I  don’t  remember  any  spccilio  time  that  tho  conversa¬ 
tion  took  place ;  I  remember  saying  to  him,  in  substance, 
that - 

Q.  I  don’t  ask  you  that  now— without  asking  for  tho  1343 
specific  time,  do  you  remember  any  conversation  upon  the 
subject  of  this  paper  until  tho  occasion  when  tho  contract  of 
July  0th  was  drawn? 

A.  I  cannot  recall  any  conversation  about  it. 

Q.  Nor  tho  fnot  that  you  had  any  until  that  timo? 

A.  No ;  I  don’t  remember. 

Q.  I  wish  you  would  think  of  it  carefully,  so  I  can  ex¬ 
haust  your  memory  ? 

A.  I  can’t  squeeze  anything  more  out  of  my  memory 
than  I  hnvo  givon.  1®^ 

Q.  Now,  you  got  a  letter  or  exhibit,  whicli  was  shown 
you,  dated  May  10th,  1874,  which  I  will  rend.  [Heads 
same.]  How  soon  after  you  got  that  letter  before  you  sent 
for  Mr.  Edison,  if  you  did  send  for  him ;  or  did  ho  como  to 
you? 

A.  I  sent  a  telegram  to  Mr.  Edison,  accepting  that  pro¬ 
position,  on  the  first  day  of  June,  1874. 

Q.  Have  you  that  telegram  ? 

A.  It  was  in  tho  package  which  Mr.  Lowroy  lias  unfortu¬ 
nately  misplaced.  1816 

Q.  Wasn’t  it  proservod  on  your  books? 

A.  It  was  a  lctter*press  copy.  I  sent  out  to  Newark  and 
got  it  from  tho  operator  in  cliargo  of  tho  oflicc  there.  I  sent 
for  a  press  copy  of  tho  message  that  had  been  delivered  to 
Mr.  Edison.  I  had  it  in  court,  and  it  was  among  the  papers 
which  Mr.  lowroy  had,  and  which  hnvo  been  lost  or  mis¬ 
laid. 

Q.  I  suppose  ho  had  a  press  copy  in  a  book,  didn’t  he  ? 
Wasn’t  it  put  in  a  book  ?  42 


830 


1346  A.  No,  sir;  they  take  them  on  tbin  slieots  of  paper  for 
filing  in  tho  office. 

Q.  Between  Ike  receipt  of  tlic  letter  of  May  19tli,  and 
your  telegram  of  June  1st,  did  you  see  Mr.  Edison  in  tho 
meantime? 

A.  No,  sir;  not  from  the  time  I  received  tlio  letter  until 
I  sent  the  telegram. 

By  the  Courts 


1347  Q.  Do  I  understand  you  to  say  that  tho  copy  you  re 
eeived  from  the  operator  in  Newark  was  the  original  pres, 
copy  taken  from  the  message  at  tho  lime,  or  a  copy  of  tin 
press  copy  ?  1 J 

renfiv:jT^1>rOSfCOiIof  11,0  oriei,ml  that  the  opcmtoi 
re  e,ved  :.t  Nowarl  Ihe  original  uas  delivered  to  Mr. 

received*  1  h'8  WM  n  )’ross  copy  of  tho  message 

received  in  Newark,  and  sent  to  Mr.  Edison. 

,  « Jr?  *iw  *  ~  »•  ■-»  «**  ■“ 

I848  riot.11  "'"8  “  d0S1,‘“0h  10  Mr-  Edison  ncc°I)tine  his  propo- 

thnUvTs  mkc?  f?Tld.rCC0iml  a  P^ss  copy  of  tho  message 
that  was  taken  at  tho  timo  to  bo  filed  in  tho  offioo? 

1  es,  sir;  precisely. 

ou Riot'd  tl,0r°  h  ”0W  in  Nowwk  copy  of  that  despatch 
A.  No,  sir. 

-By  Ur.  Duller. 

lm  tiS'JS'  ,0*  ',k"  *  *W  «  “»  *—«•  I—  I. 

Q-  You  cannot  find  the  original? 

N^;cL:,dtdt.to  flnd  tbo  ‘,iat  -  -  * 

nm!  g0t  *  press  copy  “f  «>o  message  that  was 
received  at  Newark,  which  you  say,  unfortunately,  hi  bleu 


A.  Yos,  sir;  it  was  among  tho  package  of  Mr.  Lowrcy’s  1350 
pnpors  that  lias  either  been  lost  or  mislaid. 

Q.  You  did  keep  tho  original  at  tho  sending  oflice.  but 
when  you  camo  to  look  for  that  you  found  that  gone,  and 
then  you  got  a  press  copy  from  Newark,  and  for  soino  rea¬ 
son  that  is  gone,  too  ? 

A.  Tho  press  copy  I  delivered  to  my  counsel,  and  it  was 
in  his  bag. 

Q.  When  was  this  sent  for? 

A.  It  was  sont  for  sinco  tho  commencement  of  thoso 
Gould-llnrringlon  proceedings;  I  cannot  toll  positively  1351 
wlion ;  it  was  sont  for  sinco  tho  outbreak  in  1870, 1  should 
say. 

Q.  Can’t  you  put  it  any  ncaror  than  that ;  wasn’t  it  sont 
for  sinco  this  trial  began  ? 

A.  No,  sir;  I  had  possession  of  it  a  long  timo  boforo  this 
trial  begnn. 

Q.  Did  you  hand  it  to  your  counsel  sinco  tbo  trial  began  ? 

A.  No,  sir ;  I  handed  it  to  my  counsel  somo  little  timo 
ago. 

(Bcccss.) 


Q.  I  want  to  ask  you  a  question  furthor  to  soo  if  I  oan 
trnco  that  note  of  noooptanoo.  Lot  us  soo  if  I  understand 
tho  praotioo  of  your  office  as  to  telegrams  sont  by  tho  offi¬ 
cers  of  tho  compnny.  Is  it  not  tho  praotioo  alter  tlioy  nro 
sent  to  tho  operator  that  thoy  should  bo  returned  on  the 
same  night,  or  immediately  in  tho  duo  eourso  of  business, 
to  tho  office  from  which  thoy  oomo  ? 

A.  Tho  custom  is  to  send  thorn  to  tho  officers  of  tho  com¬ 
pany  on  tho  following  morning. 

Q.  That  is,  thoso  which  go  from  the  electrician’s  offioo 
come  back  to  his  offioo  and  are  by  him  put  on  file,  and  those 
that  come  from  tho  superintendent’s  offioo  oomo  back  to  his 
office  and  arc  by  him  put  on  file. 

A.  Thoy  oomo  back  to  him.  I  only  spoak  for  myself. 


832 


1854  As  a  tuIo  my  own  despatches  linvo  not  been  filed.  There 
are  some  exceptions  to  it.  If  they  are  important  despatches 
I  would  put  thorn  up  in  the  envclopo  of  the  day. 

Q.  Important  despatches  aro  kept  by  you  ? 

A.  Tliero  is  no  special  rulo  about  keopiug  them.  I  do 
keep  some  despatches.  I  have  some  that  I  kept. 

Q.  You  have  since  found  among  your  despatches  tlio 
original  of  this  one  ? 

A.  No,  sir;  I  looked  for  the  original  one,  and,  not  find¬ 
ing  it,  I  sent  to  Newark  for  tho  press  copy. 

Q.  You  looked  among  your  own  papers— tho  papers  in 

1855  your  office? 

A.  I  Iookod  in  ovory  box  and  file  and  ovory  plnco  whore 
I  would  bo  likely  to  find  it. 

Q.  Did  you  look  on  tho  general  filo  of  the  offico  or  only 
in  your  office? 

A.  Only  in  my  ofiicc. 

Q.  So,  if  it  had  not  been  transmitted  to  you  it  would  re¬ 
main  on  tho  goncrnl  files  of  tho  oflico  ? 


1850  Q-  That  would  bo  a  pretty  important  despatch  wlicro 
you  had  sont  your  aceoptanco  of  a  contract,  and  would  bo 
likely  to  bo  kept  ? 

A.  Woll,  if  I  had  known  what  was  to  come  out  of  it,  it 
might  have  been.  If  I  had  known  tho  importance  which 
might  bo  attached  to  it  in  tho  future  it  might  have  been.  I 
didn't  think  so  at  the  time,  an:'  I  didn’t  keep  it- 

Q.  You  have  no  remembrance  about  keeping  it? 

A.  No,  sir,  none  whatever.  I  could  not  find  it  and  I 
sent  to  Nowark  for  the  press  copy. 

1857  Q-  Now,  returning  to  the  original  of  this  paper  for  a  mo¬ 
ment  :  did  you  say  it  was  handed  to  you  without  a  word 
being  said  and  kept  by  you  without  a  word  being  said  until 
you  made  the  contract  of  July  9  th  ? 

A.  I  don't  remember  anything  being  said  about  it. 

Q.  I  say,  so  far  as  you  know.  Can  you  tell  mo  when 
you  saw  that  last  ? 

A.  Which  do  you  mean  ? 

Q.  The  original  of  this.  (Referring  to  exhibit  -44.) 


A.  I  can’t  toll  preoisoly ;  I  think  somo  time  since  this  1< 
trial  commenced. 

Q.  Did  you  look  at  it  carefully  ? 

A.  I  don’t  recall  looking  at  it  more  carefully  than  othor- 

"'q.  Can  you  tell  whethor  the  addenda  which  appear  in 
the  photograph  all  of  the  same  color,  were  written  with  dif¬ 
ferent  colored  ink  from  tho  body.  Of  course  it  will  appear 
in  tho  photograph  of  tho  same  color  ? 

A.  No,  I  think  not.  They  linvo  colored  inks  which  ap-  ^ 
pear  in  different  colors. 

Q.  But  in  a  common  photo-lithograph  do  they  not  always 
appear  black? 

A.  I  have  no  recollection,  at  all,  about  that. 

Q.  You  don’t  remombor  whether  that  wn3  different  colored 
ink  or  not  ?  ....  »  ,-r 

A.  I  can’t  toll,  I  havo  no  reason  to  think  it  was  ol  a  <m- 
foront  color.  ' 

Q.  I  ask  only  whethor  you  linvo  any  romombrnneo  t 

A.  I  havo  no  romombrnneo  at  all  about  it. 

Q.  But  you  have  a  distinct  reoollcction,  howovor,  that  t 
tho  addenda  woro  on  these,  when  you  first  saw  this  paper? 

A.  I  think  so.  , 

Q.  Do  you  havo  such  a  distinct  rccollcotion  t 

I  A.  That  is  my  recollection,  that  it  was  thore,  just  in  that 
shape  that  you  see  it  now  wlion  I  had  it  first 
Q.  Why  did  you  not  return  this  pnper  after  substituting 
the  agreement  for  it  of  July  9th  ? 

A.  Well,  I  don’t  know,  I  am  sure ;  I  don  t  know 
whethor  I  had  any  reason  why  I  should  or  should  not. 

Q.  Did  Mr.  Edison  linvo  any  copy  of  it? 

A.  I  don’t  remember  whether  he  had  a  copy  or  not. 

Q.  Toll  mo  whethor,  in  the  courso  of  these  negotiations, 
at  any  time,  you  went  to  Mr.  Soren’s  office  with  Mr.  Edt- 

A.  Yes,  sir;  I  did.  , 

Q.  Were  you  there  more  than  onoe  with  Mr.  Edison  ? 

A.  No,  sir. 

Q.  About  what  timo  was  that,  if  you  remember  t 


1302  A.  I  cannot  fix  upon  tlio  (Into  precisely ;  I  should  think 

somewhere  between  tho  1st  of  July  and  the  9th  of  July, 
1874.  '  , 

Q.  Where  did  you  start  from  to  go  thoro  t 

A.  I  started  from  my  office. 

Q.  Who  was  present  at  your  office  when  you  started  ? 

A.  I  cnn't  remember. 

Q.  Well,  without  remombering  all,  was  Mr.  Orton 

A.  No,  sir. 

1303  Q.  What  timo  in  the  day  was  it? 

A.  I  hnvo  nothing  to  fix  tho  timo  of  day ;  I  don’t  «• 
member. 

Q.  In  tho  morning  or  nltomoon  ? 

A.  I  can’t  toll  whether  it  was  morning  or  afternoon  ;  if  I 
should  state,  I  would  hnvo  to  guess  at  it 

Q.  I  find  tho  first  exhibit  made  by  Mr.  Edison,  asking 
for  something  to  experiment  with  in  Juno,  1874, 
dated  Juno  12th? 

A.  Juno  10th  is  tho  first. 

1  Q.  Tito  order  was  tho  order  of  Phelps;  and  I  romotnbor 
it  ns  Juno  12th? 

A.  Thoro  is  an  carlior  one  than  that 

Q.  Wont  you  find  it? 


(Witness  hands  paper  to  counsel.) 

Q.  This  is  a  caveat  ? 

A.  No,  sir  j  that  mark  at  tho  top  is  a  ponoil  mark  and 
not  a  part  of  tho  original.  It  says  “  99,  100  and  caveat 
5  58."  It  alludes  to  the  oases  in  which  tho  fees  shown  hero 
arc  indexed. 

Q.  Who  put  it  thoro? 

A.  That  is  in  Mr.  Smith’s  liandwritipg. 

Q.  Tho  gentleman  who  was  herd  yesterday  on  tho 
stand  ? 

A.  Yes,  sir. 

Q.  Tho  assistant  eleotrieinn  ? 

A.  Yes,  sir. 

Q.  Mr.  Edison’s  name  docs  not  appear  hero  that  I  seo? 


A.  That  is  a  specification  by  Mr.  Edison,  in  his  hand-  1386 
writing,  which  ho  handed  to  mo,  and  which  I  endorsed  on 
the  back  and  sent  to  our  superintendent  to  hnvo  manufac¬ 
tured.  The  ponoil  marks  were  not  on  tho  originals.  They 
re  memoranda  made  since. 

Q.  Then,  that  which  reads,  ‘'case  99,  109,  and  caveat 
8,”  did  not  belong  to  tho  original  at  all  ? 

A.  No,  sir. 

(It  was  agreed  that  tho  pencil  marks  should  be  stricken 
|  out.)  1367 

Q.  Then  Juno  10th  was  the  first  one? 

A.  June  10th  was  tho  first  ono  of  this  series.  That  was 
the  first  that  Phelps  was  ordered  to  mako. 

Q.  Was  this  tho  first  that  was  mado  by  anybody  in  tho 
Western  Union  ollieo? 

A.  There  wero  somo  mado  tho  yoar  previous. 

Q.  I  am  not  talking  about  tho  yoar  previous,  I  moan  fit 
|  June,  1874? 

A.  Oh,  yes ;  I  think  that  was  tho  first  ono  mado.  1368 

Q.  llnd  Mr.  Edison  gone  to  work  in  your  olfioo  boforo 
his  was  made,  to  mako  oxporimonts — I  moan  in  Juno, 

1 1874? 

A.  No  came  over,  I  think,  tho  first  of  Juno,  as  soon  as 
j  ho  got  my  telegram,  lie  came  right  ovor  and  wont  to 

Q.  Did  he  bring  any  instruments  with  him,  or  did  I10 
wait  for  thorn  to  bo  mado  ? 

A.  I  think  ho  brought  instruments  with  him. 

Q.  Arc  you  sure  about  thnt  ?  1309 

A.  Not  absolutely  sure,  but  yet  tho  impression  is  vory 
strong  in  my  mind  that  I10  did. 

Q.  How  long  was  it  before  this  was  done— a  weok  or 
(two? 

I  A.  I  lmvo  Mr.  Phelps’  memoranda  here,  which  seem  to 
bo  Juno  26th.  . 

Q.  You  are  now  looking  on  tho  account  which  Fholps 
gave  you  ? 

A.  Yes,  sir,  thnt  which  he  furnished  mo. 


836 


1870  Q.  This  wns  delivered  to  liim  to  experiment  with  on  tho 
•  25th  of  June.  I  find  ono  of  Juno  12th.  Can  you  tell  mo 

when  that  was  delivered? 

A.  I  cannot  locate  them  by  the  papor.  Tlio  difficulty  is, 
it  simply  Eays  on  the  bill,  a  certain  number  of  experi¬ 
mental  instruments  for  Mr.  Prescott,  on  his  order.  It  does 
not  say  when  the  specification  was  sent  nor  anything  about 
it;  and  there  is  nothing  that  an  electrician  can  have  to 
guide  him  any  more  than  anybody  else. 

Q.  Take  the  ono  or  Juno  12th.  “  You  will  please  make 

1871  four  instruments,  each  after  the  enclosed  drawing  and  speci¬ 
fications,”  and  here  they  are  pictured  out  Toll  me  what 
the  name  of  them  is  7 

A.  I  find  on  tlio  entry  here,  “  July  14th,  four  oxpori- 

I  mental  instruments  for  Prescott,  on  his  order  and  specifies- 

Q.  Is  there  any  other  four  than  that  that  you  know  of? 
A.  I  don’t  see  any  other  four. 

Q.  You  locate  the  four  spoken  of  there,  as  these  four? 
A.  It  says  four  here,  and  it  says  four  on  tlio  14th  of 
72  July. 

Q.  Would  that  bo  about  the  prieo  of  thoso  things  ns 
stated  there? 

A.  Yes,  sir,  I  should  think  so. 

Q.  kook  at  the  next,  which  I  think  is  the  15lh  of  June, 
11  You  will  please  make  five  instruments,  ono  each  after  tho 
1  enclosed."  Toll  mo  when  they  were  delivered  ? 

A.  I  see  a  charge  hero  of  July  24th  for  five  instruments. 
Q.  You  told  mo  when  Juno  10th  was? 

A.  Juno  2Clh. 

1878  Q-  The  second  one  of  July  12th  wns  July  14th.  The  ono 
of  Juno  15th  was  July  24th.  Then  there  is  one  dated  hero 
July  18th,  is  it  not? 

A.  Yes,  sir. 

Q.  That  is  all  I  want  for  my  purpose.  When  were  tho 
ton  models  asked  for? 

A.  On  July  10th  I  seo  eight  models  charged  for. 

Q.  They  were  asked  for  July  2d,  wero  they  not.  Your 
order  for  some  of  them  was  given  July  18th  ? 

A.  There  seem  to  be  seven  models  here,  and  thcro  seems 


to  Be  one  marked  model  A.  Now,  the  first  eight  models  and  1374 
specifications  do  not  seem  to  have  any  endorsement  on  them, 
and  the  modol  A  is  the  ono  that  you  allude  to,  which  is 
July  13th. 

Q.  'That  could  not  have  been  done  on  the  10th. 

A.  No,  there  is  ono  ono  on  tho  81st,  which  probably  cor¬ 
responds  with  that. 

Q.  Can  you  say  that  a  single  ono  of  thoso  models  was 
ordered  boforo  tho  13th  of  July? 

A.  I  don’t  know  anything  about  those  models — when 
they  wero  ordered,  oxcopt  that  ono  which  is  dated  July  1875 
13th,  and  lias  my  namo  on  it ;  they  wero  ordered  by  Mr. 

Edison ;  ho  wont  himself  to  tho  shop  and  ordored  them, 
and  had  them  delivered  to  Mr.  Sorrell. 

Q.  Will  you  tell  mo,  when  you  went  to  Mr.  Sorrell’s 
office,  whether  Mr.  Edison  had  informed  you  that  thoro 
might  bo  some  trouble  in  your  being  a  joint  inventor? 

A.  I  have  no  recollection  of  his  saying  anything  about 
it. 

Q.  Why  did  you  go  to  Mr.  Sorrell’s  plaoo  at  that  timo? 

A.  My  recollection  is  that  I  received  notice  that  tho  np-  1876 
plications  prepared  by  Mr.  Edison  and  Mr.  Sorrell  wero 
completed  and  ready  for  my  inspection. 

Q.  Through  whom  did  you  receive  that  notice? 

A.  I  have  not  a  very  distinct  impression  ns  to  whom,  but 
my  impression  is  that  I  received  it  from  Mr.  Edison. 

Q.  l)id  you  accompany  him? 

A.  No,  sir. 

Q.  You  then  went  yourself? 

A.  Yes,  sir. 

Q.  Had  you  boon  to  Mr.  Serrell  about  these  matters  bo-  1377 
fore  then  ? 

A.  I  hnvo  no  recollection  of  having  boon  at  Mr.  Serroll’s 
place  at  all  during  tho  progress  of  the  matter. 

Q.  Except  this  timo? 

A.  Except  this  timo;  I  mean  before  this  time. 

Q-  I  mean  within  a  few  days  boforo  or  a  few  days  after, 
or  say  botwoen  tho  9th  of  July  and  tho  20th  of  August,  so 
as  to  cover  it — wore  you  thore  but  once  ? 

48 


>r  applications. 


18  A.  I  liayo  no  recollection  of  being  there. 

Q.  Butonee? 

A.  'Well,  I  was  there  some  whore  about  the  19th  of 
August  when  I  had  the  conversation  with  Mr.  Sorrell 
about  the  joint  invention ;  I  was  there  that  day  or  the  next 
day,  or  somewhere  in  that  vieininy,  with  Mr.  Edison. 

Q.  On  that  same  day?  | 

A.  On  that  samo  day ;  yes,  sir ;  I  can’t  toll  exactly  when. 

Q.  Then  there  wero  occasions  when  you  wore  there;  first, 
just  boforo  or  on  tho  samo  10th  of  August,  alone,  ami  then 
’9  on  tho  samo  10th  of  August  nlono  or  with  Mr.  Edison— 
both  on  tho  same  day  ? 

A.  Two  occasions. 

Q.  Please  toll  mo  precisely  what  you  first  remember  was 
said  when  you  first  went  into  Mr.  Sorrell’s  plncc,  or  that  was 
said  to  you  wlion  you  wero  nlono? 

A.  I  don’t  recollect  what  was  first  said. 

Q.  I  want  tho  first  that  you  do  recollect. 

A.  I  think  Mr.  Sorrell  showed  mo  papers 

Q.  What  was  said  thnt  you  remember  ? 

0  A.  I  can’t  remember  the  conversation  that  onsued  about 

Q.  Give  mo  tho  first  thnt  you  do  remember,  if  you  re¬ 
member  nnything  ? 

A.  ihc  thing  that  fixed  itself  in  my  mind  was  tho  re¬ 
marks  about  Mr.  Edison  having  made  somo  applications 
previously.  1 1 

Q.  Through  Munn  nnd  Company? 

A.  I  think  so,  and  Mr.  Scrroll  saying,  substnntinlly,  that 
it  lucre  was  anything  contained  in  those  applications  which 
II  was  reproduced  in  these,  it  might  bo  a  cause  of  legal  com¬ 
plications  hereafter. 

sol?  before  US”  **  ^  ^  aPPlications  y0UI" 

A.  No,  sir ;  I  hadn’t  either  before  or  afterwards: 

Q.  State  wlmtclee  was  said? 

Vn"  aSl^Cd  him  Whnt  constituted  a  joint  inventor 
substantially,  and  Mr  Sorrell  gave  me  his  views  about  it. 

Q-  And  you  said  if  his  views  of  tho  law  were  correct  you 

wero  not  a  joint  inventor?  J 


A.  Yes,  sir ;  according  to  what  I  understood  him  to  say  1882 
in  regard  to  it,  I  was  not  a  joint  inventor. 

Q.  Thou  did  you  ask  him  to  rodraw  the  contract  of  July 
0th? 

A.  My  recollection  is,  that  I  asked  him  how  I  could  so- 
euro  my  rights  in  the  invention  ;  ho  saiil  substantially,  that 
Edison  would  assign  mo  half  his  interest. 

Q.  What  elso  was  said  tlion— anything  more;  did  you 
direct  him  to  redraw  tho  contract? 

A.  I  said  substantially  that  I  should  decline  to  sign  any 
of  tho  applicationsas  a  joint  inventor ;  I  think  tho  matter  was  1888 
loft  thoro  until  I  saw  Mr.  Edison  and  explained  to  him  tho 
situation. 

Q.  Was  that  all  that  was  said  at  that  timo  that  you  ro- 
member? 

A.  I  don’t  recall  at  tho  moment  anything  elso. 

Q,  You  went  then  to  soo  Edison  ;  you  found  him,  I  sup¬ 
pose,  at  tho  ofiicc  ? 

A.  I  went  back  to  my  offico,  and  I  don’t  know  whothor  I 
found  him  there,  or  whothor  ho  subsequently  camo  in ;  at 
any  rate,  I  did  soo  him  subsequently.  1384 

Q.  Immediately  ? 

A.  That  I  can’t  toll ;  I  should  think  so ;  that  is  my  recol¬ 
lection. 

Q.  Whnt  is  tho  first  thing  that  you  romcinbor  you  said  to 
him  when  you  saw  him  ? 

A  Well  I  told  him  whnt - 

Q.  Tell  me  what  you  did  toll  him  ? 

A.  I  cannot  toll  you  that,  it  is  so  long  ago. 

Q.  Toll  tho  substanco  of  it  ? 

A.  I  told  him  in  substance  what  occcurred  between  mo  lsg5 
and  Mr.  Sorrell. 

Q.  Purdon  mo— whnt  romainod  in  your  mind  that  you 
told  him  ? 

A.  I  think  I  told  him  what  occurred  between  mo  and  Mr. 
Scrroll. 

Q.  Whnt  did  you  toll  him— what  do  you  romember  that 
you  told  Mr.  Edison  ? 

The  Court :  What  did  you  say  to  him  ;  give  tho  conversa¬ 
tion  substantially  as  it  occurred  ? 


840 


841 


A.  I  can  only  say  this  that  my  recollection  is  that  I  told 
Mr.  Edison  substantially  that  I  had  a  conversation  with  Mr. 
Scrrell ;  nttd  it  did  not  appear  from  that  conversation  that  I 
was  entitled  to  take  out  the  patents  as  joint  inventor. 

Q.  Stop  a  moment.  When  you  said  you  told  him  that 
conversation,  please  say,  Isay  to  Edison  this;  I  said  Mr. 
Serrell  snid  this  and  I  said  so  and  so  ? 

A.  Ishouldbo  lmppy  to  oblige  you,  but  that  is  absolutely 
impossible. 

.  Q.  Then  it  is  impossible  for  you  to  toll  what  you  said  to 
him,  except  you  snid  something  of  the  conversation  that  had 
taken  place  between  you  aud  Serrell. 

The  Court .-  It  would  bo  impossible  for  him  to  say  that, 
if  it  was  not  said.  I  do  not  understand  the  witness  to  say 
that  ho  did  detail  to  Mr.  Edison,  in  the  form  which  you 
suggest  the  detailed  conversation — I  snid  this,  and  Mr.  Sor¬ 
rell  snid  that.  lie  states,  generally,  ho  told  him  what  oc- 
occurred.  I  want  to  got  the  langungo  usod  in  telling 


Mr.  Butler:  Q.  Will  you  say  what  you  did  say  to  Mr. 
Edison,  exactly  ? 

A.  My  recollection  is  that  I  told  Mr.  Edison  that  I  had 
been  to  Mr.  Sorrell  and  had  a  conversation  with  him,  in 
relation  to  the  joint  inventorship — taking  out  these  patents 
as  joint  inventors— and  that  it  appeared  from  what  Mr.  Sor¬ 
rell  had  snid,  that  I  was  not  legally  a  joint  invontor ;  and 
that  Mr.  Serrell  had  suggested,  in  answer  to  my  inquiry, 
that  Mr.  Edison  could  take  out  tho  patents  ns  inventor,  and 
assign  a  half  interest  to  me.  That  is  substantially  as  I  re¬ 
collect  it.  Wc  went  down  to  Mr.  Serrell. 

Q.  Hint  was  all  that  was  said.  Did  Mr.  Edison  assent; 
and,  if  so,  in  what  words? 


A.  I  don  t  recollect  tho  words  ho  used ;  I  think  lie  a 
sented  to  it. 

Q.  Ho  assented  to  it  in  some  form  of  words  you  do  n 
recollect  ?  J 

A.  Yes,  sir. 

Q.  Then  you  wont  right  down  to  Mr.  Sorrell  ? 


1 


A.  I  can’t  toll  whether  wo  went  right  down  then  or  tho  1390 
next  day. 

Q.  Within  a  very  short  time  ? 

A.  Yes,  sir. 

Q.  Plcaso  tell  mo  what  was  said  when  you  got  down 
there  tho  second  time,  and  the  only  other  time— the  first 
thing  you  recollect  that  was  said  by  anybody? 

A.  I  only  reoollect,  in  gonornl  torms,  that  wo  wore  there 
to  mako  nnothor  contract. 

Q.  That  is  tho  first  thing  you  find  in  your  mind  on  tho 
subject.  In  general  terms,  you  said  you  were  there  to  make  1391 
another  contract.  Who  spoke  then  ? 

A.  I  don't  know  who  spoko  first  nor  who  spoko  last.  I 
only  know,  in  goncral  terms,  that  wo  wont  down  there  to 
make  another  contract  to  take  tho  plaoo  of  that,  and  there 
as  a  discussion  ns  to  whether  there  should  be  any  inodifi- 
lions  in  tho  contract.  Mr.  Serrell  suggested  that  tho 
clauso  whore  one  could  not  sell  without  tho  consent  of  tho 
other,  ought  to  bo  changed,  bceauso  it  might  bo  that  cir¬ 
cumstances  might  arise  which  would  mako  it  inconvenient. 

I  acquiesced  iu  tho  suggestion,  and  Mr.  Edison  dcclinod  to 
have  it  changed. 

Q.  Can  you  romomber  anything  else  that  w 
A.  I  don’t  recall  anything. 

Q.  Nothing  further  then  was  said  that  you  remember? 

Did  you  and  Mr.  Edison  go  nwny  togother? 

A.  I  don’t  know. 

Q.  Was  tho  now  contract  signed  then? 

A.  I  don’t  romomber. 

Q.  Whore  did  you  sign  it  when  it  was  made  ? 

A.  I  think  I  signed  it  in  Mr.  Serrell’s  office. 

Q.  Did  you  and  Mr.  Edison  sign  it  at  tbo  same  time,  or 
at  different  times  I 
A.  I  don't  remember. 

Q.  How  sure  are  you  that  you  signed  it  at  Mr.  Serrell  s 
office? 

A.  I  don't  romombor  anything  that  fixes  it  particularly 
in  iny  mind. 

Q.  Who  was  present  whon  you  signed  it;  who  witnessed 
it? 


is  said? 


Mr.  Sorrell  ? 


842 


1894  A.  I  cannot  toll  unless  I  sco  tlio  dooumont 
Q.  You  would  not  know  then  whether  ho  was  present 

and  witnessed  it,  even  i£  you  saw  the  namo? 

A.  No,  sir. 

Q.  Did  Mr.  Sorrell  come  to  your  office  and  witness  it? 

A.  No ;  I  have  no  recollection  of  over  seeing  Mr.  Sorrell 
at  my  office. 

Q.  Have  you  over  paid  any  money  to  tho  Western  Union 
Company,  on  account  of  these  inventions? 

A.  No,  sir. 

1895  Q.  Have  you  paid  any  for  them  ? 

A.  Paid  any  for  whom. 

Q.  For  tho  Wostorn  Union  Company  ? 

A.  I  think  not 

Q.  Ifavo  yon  received  any  from  them? 

A.  I  received  $6,000  from  tho  Western  Union  Company. 
Q.  When? 

A.  I  think  tho  19th  of  January,  1875.  I  could  tell  ex¬ 
actly  hv  my  bank  book. 

Q.  Did  you  on  tho  snmo  day  sign  a  rccoipt,  which  is  here 
1890  as  an  exhibit  ? 

A.  I  think  so. 

Q.  Have  you  received  any  other? 

A.  The  Western  Union  Company  has  advanced  me 
money. 

Q.  What,  sir? 

A.  Tho  Wostorn  Union  Company  has  advanced  me 
monoy  to  meet  certain  legal  expenses  connected  with  those 
matters. 

Q.  Other  than  legal  expenses ;  I  suppose  they  did  not 
1897  advance  it  to  you,  but  to  your  counsel? 

A.  No,  sir;  thoy  paid  mo  the  monoy,  and  I  paid  tho 
counsel  myself. 

Q.  What,  sir? 

A.  I  paid  tho  counsel. 

The  Court :  It  passed  through  your  hands  ? 

A.  Yes,  sir. 

Q.  They  paid  you,  and  you  paid  them  ? 


848 

A.  They  let  mo  have  tho  money  and  I  paid  somo  counsel  1898 
fees. 

Q.  Other  than  that,  have  you  received  any? 

A.  I  received  some  monoy  from  them  to  pay  Mr.  Sorrell’s 
hill, 'if  that  is  what  you  mean— nothing  besides  that 

Q.  Now,  directly  or  indirectly,  leaving  out  the  sums  that 
you  have  told  us  about,  have  you  received  anything  from 
the  Wostorn  Union  Compnny,  on  account  of  these  inven¬ 
tions,  or  paid  them  anything? 

A.  I  received  $5,000  from  the  Wostorn  Union  Company. 

Q.  I  sny  leaving  out  tho  sums  you  have  mentioned  ?  1399 

A.  I  don’t  remember  anything  olso. 

Q.  Ccrlnin  facilities  havo  been  shown  to  Mr.  Edison  for 
testing  his  experiments  on  the  wires,  and  certain  mattors 
have  been  inndo  for  him  ;  wns  that  nil  done  at  tho  solo  ex¬ 
pense  of  tho  Western  Union  Compnny  ? 

Q.  And  thoro  wero  certain  operators  omployed.  Woro 
not  those  operators  at  the  oxpenso  of  the  Western  Union 
Company  ? 

A.  Tho  Western  Union  Company  paid  tho  bill.  1400 

Q.  Everything?  Then,  havo  you  any  other  claim  ns 
consideration  paid  for  this  agreement  of  August  10th,  than 
what  you  aided  Edison  from  tho  10th  of  Juno  until  tho  10th 
of  July  ? 

Mr.  Lowrey:  How  does  tho  limitation  come  in— to  limit 
tlio  services  or  to  limit  tiio  payment  I  object  to  tho  ques¬ 
tion,  on  tlio  ground  that  tho  plaintiffs  complaint  alleges 
that  Prescott  did,  under  this  agreement  of  August  19th, 
pay  certain  patent  fees,  as  stated  in  tho  28th  folio.  That  is  1401 
one  of  the  facts  admitted  in  the  pleadings. 

(Objection  overruled.) 

Q.  Now,  sir,  after  hearing  what  tho  counsel  has  read  to 
you,  do  you  want  to  change  that  you  have  not  paid  any¬ 
thing  else — that  you  havo  paid  anything  ? 

A.  State  what  tho  question  is? 

Q.  This  is  the  question.  You  heard  that  tho  counsel 


815 


1402  rend  from  the  complaint.  You  have  testified  that  you  paid 
no  money  of  your  own  at  all,  but  have  reccivod  §5,000. 
Do  you  want  to  clmngo  that? 


(The  form  of  the  question  was  objected  to,  ns  embracing 
an  untruth.) 

Q.  Have  you  paid  anybody  else  anything  on  account  of 
these  inventions — lmve  you  paid  mortal  man  or  woman 
1403  anything,  except  what  you  have  already  stated  ? 

A.  I  paid  Mr.  Sorrell  the  patent  fees. 

Q,  We  hnvo  heard  that — and  tho  lawyers? 


A.  Yes,  sir. 

Q.  Ilavo  you  paid  anything  else  othor  than  you  havo 
stated  ? 

A.  No,  sir;  I  don’t  think  t  have. 

Q.  Think  now,  so  that  wo  shall  not  hnvo  to  go  over  this 
again  ? 

A.  I  have  thought. 

Q.  Then  you  have  not  paid  anything  else  ? 

A.  T  think  not 

1404  Q.  For  this  half  of  tho  invention,  havo  you  paid  any¬ 
thing  to  Mr.  Edison,  except  your  services,  whntover  they 
might  bo  worth,  Juno  21st  to  July  10th  ? 

(Objected  to,  so  as  far  ns  it  assumes  to  hind  tho  witness  to  | 
I  thoso  dates.  Objection  overruled.) 

Q.  Havo  you  paid  anything  for  one  half  of  thoso  inven¬ 
tions  uxcopt  your  sorvicos  between  those  two  dates  ? 

A.  My  services  extended  from  tho  1st  of  June  to  tho  31st 

1405  December  with  Mr.  Edison. 

Q.  To  Mr.  Edison  ? 

A.  In  connection  with  Mr.  Edison,  in  developing  this 
qundruplex. 

Q.  But,  pardon  me;  you  got  the  invention  on  tho  9th  of 
July,  and  that  corrected  agreement  on  the  19th  of  August? 
A.  Yes,  sir. 

Q.  When  you  got  that  on  the  19lh  of  August,  liad  you 
paid  anything  hut  tho  services  rendered  up  to  the  10th  of 


July,  when  it  was  published  that  so  good  a  thing  had  hap-  1406 
polled  ? 

A.  These  services  in  connection  with  tho  quadruplox 
continued  all  tho  way  along. 

Q,  The  services  to  Mr.  Edison  ? 

A.  In  connection  with  Mr.  Edison  and  the  quadruplox. 

Q.  During  all  the  time  wero  you  drawing  your  pay  as 
oh  clue  a  i  of  the  Western  Union  Company? 

A.  Yes,  sir. 

Q.  What? 

A.  What  is  the  question  ?  1407 

Q.  During  the  wholo  of  that  time,  longer  or  shorter,  wore 
you  not  drawing  your  regular  pay  as  electrician  of  tho 
Western  Union  Company? 

A.  Yes,  sir;  and  drnwiug  my  salary  as  clcctrioinn  of  an¬ 
other  company  besides. 

Q.  What  was  Hint— tho  Gold  and  Stock  ? 

A.  I  don’t  think  I  draw  any  salary  from  tho  Gold  and 
Stock ;  I  was  vice-president  of  that  company ;  I  was  draw¬ 
ing  salary  as  electrician  of  tho  International  Ocean  Com¬ 
pany.  1408 

Q.  I  desire  to  ask  you  when  you  first  nskod  tho  Wcstorn 
Union  Company  for  $5,000? 

A.  1  don't  know  precisely  when  I  got  the  §5,000;  if  I 
had  my  bank  book  here,  I  could  tell  when  it  wits  deposited; 

I  got  it  ns  scon  as  I  asked  for  it. 

Q.  Wo  Imvo  your  receipt  for  it  hero. 

A.  Then  that  will  show. 

Q.  It  is  January  Kith  on  that  receipt. 

A.  Yos,  sir ;  that  must  Imvo  been  when  I  got  it. 

Q.  You  got  it  as  soon  as  you  asked  for  it,  without  any  1409 
delay  ? 

A.  Yes,  sir ;  it  might  havo  been  a  day  or  two  afterwards. 

Q.  You  never  did  ask  for  it  as  early  as  tho  10th  of  De¬ 
cember,  did  you  ? 


340 


347 


1410  A.  Yes,  sir ;  I  never  askc.l  for  it  until  I  got  it ;  when  I 
asked  for  it  I  did  got  it.  ... 

Q.  You  never  made  any  claim  until  you  got  tlio  claim 
answered  in  other  words;  is  that  so 7 
A.  I  never  asked  for  tho  money  until  I  received  it. 

Q.  Hr.  Edison  got  his  on  tho  10th  of  December? 


A.  Yes,  sir. 

Q.  Now,  did  you  a 
Edison  got  his,  put  in 


ir  about  the  same  time  that  Mr. 
lur  claim,  and  say  “Give  me  my 


Q.  Did  you  over  tell  Mr.  George  B.  Mumford,  your  vice- 
president? 

A.  Georgo  II.  Mumford? 

Q.  Your  vice-president;  what  was  liis  name? 

A.  George  II.  Mumford,  now  deceased. 

Q.  Did  you  over  toll  him  that  you  wanted  your  money  at 
the  time  that  Mr.  Edison  had  bis? 

2  A.  No,  sir. 

Q.  And  that  you  ought  to  have  it? 

A.  No,  sir. 

Q.  And  in  consideration  of  that  they  afterwards  paid 


MS  Q.  Suppose  yon  turn  your  attention  to  another  matter 
DM  Ditl  you  over  slate  in  the  fall  of  1874  or  any  time  between 

\  rH  ^,c  l*1  July  or  tho  30tli  of  December  1874,  that  you 

j-,  3/  had  been  notified  that  Harrington  claimed  the  duplex  and 
"‘£i5*if’-^13  quadruples? 

A.  No,  sir. 

A.  Or  any  portion  of  Mr.  Edison’s  inventions? 

A.  No,  sir. 

Q.  Didn't  you  stato  that  you  had  been  notified  by  any¬ 
body — I  don't  now  hold  to  Harrington — that  Harrington 
did  so  claim  ? 

A.  No,  sir. 

Q.  You  lmd  no  idea  that  he  did  so  claim? 


Q.  You  mado  no  inquiry  on  the  subject  ?  1414 

Q.  Did  you  ovor  go  to  Edison  at  that  time  and.  say  to 

him  “ Why,  I  have  been  notified  by  Craig,”  or  “We  have 
been  notified  by  Craig,1'  or  words  to  that  effect  that  Harring¬ 
ton  claimed  your  inventions ;  what  do  you  say  to  that  l 

Q.'  AnddUln’t  Edison  turn  to  you  and  say  “  0,  nonsense," 
to  Craig's  claim  ?  ..  1415 

A.  I  was  notified  that  Craig,  or  not  notified,  I  was  told  as 
a  rumor  that  Craig  had  a  contract  with  Edison,  and  that  lie 
might  put  in  a  elnitn-not  that  he  did  claim— to  those  in¬ 
ventions  after  ho  had  got  them  fully  developed.  I  told  Mr. 

Edison  that,  and  Edison  said  “  nonsense,"  and  said  he  liadn  t 
any  contract  with  Craig  at  all,  except  for  automatic,  and 
to  was  never  carried  out  There  was  never  any  contract 

*'  Q.  Did  you  hear  of  the  service  of  the  notice  on  tho  Wes¬ 
tern  Union  Company  ?  141Q 

A.  What  service?  ,  _  .  TT  . 

Q.  The  service  of  Craig’s  uotico  on  the  Western  Union 
Company  of  his  lawsuit? 

A.  I  heard  it  yesterday  in  court. 

Q.  Was  that  tho  first  time? 

ft  What  time  was  it  that  you  told  Mr.  Edison  about  tho 
rumor  you  had  heard?  ,  ,  , ,  . 

A.  I  fix  the  date  this  way :  there  was  an  article  published 
in  tho  Telegrapher  in  tho  latter  part  of  September,  in  w 
my  name  and  Edison’s  were  mentioned  rather  unpleasnn  y , 

I  went  around  to  see  the  editor  of  the  paper,  and  had  quite 
a  conversation  with  him.  . 

Q.  Pardon  me;  I  don’t  want  to  put  in  tho  conversation 
of  the  editor  of  the  paper? 

2?ic  Court:  What  was  the  date? 

A.  It  was  early  in  October,  1874,  after  tho  publication  of 
this  paper. 

Q.  Sometime  in  October,  1874? 

A.  Yes,  sir. 


Lg  Q.  Can't  you  put  it  uciore  mo  tutu  i 

A.  I  should  think  it  was  before  the  10th  ;  I  could  fix  it 
if  I  had  tho  Telegrapher  hero ;  I  can  got  that ;  as  soon  as  the 
paper  was  published  I  wont  around  and  saw  the  editor. 

Q.  Is  that  tlie  rumor  you  heard  ?  < 

A.  Yes,  sir?  it  was  a  rumor  from  the  editor  of  the  paper. 

Q.  IVas  that  the  rumor  you  referred  to,  to  lidison? 

A.  Yes,  sir;  he  said  lidison  had  contracts  with  Torn 
Dick  and  Harry ;  1  asked  him  whom  he  meant  by  Tom, 

Dick  and  Harry?  lie  said - 

19  Q.  Pardon  1110 ;  I  don't  want  that. 

A.  Excuse  mo,  I  thought  you  asked  for  it. 

Q.  Was  the  rumor  which  you  referred  to  when  you  spoke 
to  Edison  what  you  had  seen  in  tho  'Telegrapher  ? 

A.  No,  sir;  what  the  editor  of  the  Telegrapher  told  me  as 
a  rumor  that  lie  hoard. 

Q.  That  is  what  you  roforred  to  ? 

A.  Yes,  sir. 

Q.  Was  that  tlie  same  thing  which  was  in  his  article? 

A.  No;  his  article  was  sort  of  abusing  Edison  and  my- 
jO  self  forgetting  up  tlie  qundruplox. 

Q.  You  are  sure  that  Harrington's  claim  was  not  men¬ 
tioned  in  that  conversation  ? 

A.  Yes,  sir. 

Q.  Did  you  know  that  Edison  had  been  nt  work  for  tlie 
Automatic  Company  or  associates  ovor  in  Newark,  and 
when  did  you  first  know  that  ? 

A.  I  saw  Edson  in  tlie  automatic  office  in  January,  1873, 
I  think,  showing  off  tho  nutomatio ;  and  I  got  the  impres¬ 
sion  from  somebody  that  ho  had  something  to  do  with  it. 

11  Q.  When  did  you  first  learn  that  ho  was  at  work  for 
the  automatic  people  ovor  at  Newark  making  machines— I 
don't  care  when  he  was  attending  tlie  office;  when  did  you 
first  have  any  information  on  that  subject  ? 

A.  I  don't  recall  anything  earlier  about  his  making  ma¬ 
chines  for  tlie  automatic  until  I  wont  over  lo  Newark  to 
find  Edison  ;  which  was  in  January,  1875. 

Q.  And  you  hadn’t  learned  dial  he  was  there  doing  any¬ 
thing  over  in  Newark  until  1875? 

A.  I  know  he  had  a  shop  in  Newark,  but  I  didn’t  know 
that  ho  was  making  anything  for  tho  automatic. 


Stock  Company. 

-  Q.  Will  you  no 
or  know  that  ho  w 
down  to  1875? 


toll  me  whethor  or  not  you  ever  heard 
i  engaged  with  tho  automatic  company 


A.  You  want  something  that  was  told  mo  or  my  impres¬ 
sions,  or  general  idea? 

Q.  Somebody  had  given  you  tho  information  that  ho  had 
something  to  do  with  the  automatic? 

A.  I  was  told  as  early  as  1873  that  ho  had  made  an  1-123 
auto  natio  perforator. 

Q.  For  whom  1  tho  Automatic  Company  1 

A.  It  was  used  by  tho  Automatic  Company. 

Q.  When  did  you  learn,  if  ever  before  1875,  thnt'ho  had 
connection  with  tho  Automatic  Company,  or  some  interest 
in  it  1 

A.  I  saw  him  in  tho  nutomatio  offieo  in  1873,  and  I  knew 
that  lie  wont  to  Europe  to  show  tho  automatic  there  in 
1S73.  I  don’t  romoiiibor  anything  olso  in  connection  with 
it? 

Q.  Did  lie  como  to  you  nbout  raising  any  money  in  July,  X.y2-1 
187-1,  or  aiding  him  to  rniso  money  t 

A.  Ho  came  to  mo  in  187-1, 1  think,  wanting  to  getsomo 
money. 

Q.  When  lie  wanted  $10,000  ? 

A.  Yes,  sir. 

Q.  What  did  ho  offor  to  pledge. 

A.  Ho  olfercd  to  pledgo  tho  machinery  in  his  shop  that 
ho  had  over  nt  Nownrk. 

Q.  Did  lie  offer  to  hypothecate  anything  olso? 

A.  Not  that  I  know  of. 

Q.  Did  he  not  oll'er  to  hypothecate  or  pledgo  his  interest  1425 
in  tho  automatic  ? 

A.  Not  to  my  knowledge. 

Q.  Did  you  not  go  down  with  him,  and  ho  or  you  tako  a 
paper  down  to  Mr.  Sorcu  to  seo  whether  that  paper  was 
a  good  one  to  secure  his  interest  in  tho  automatic  to  you  or 
anybody  else  ! 

A.  No,  sir. 

Q.  And  that  0110  of  tho  firm  of  Messrs.  Lowroy  and  Tortcr 


t,  agreement  or  understanding  directly 
my  interest  in  these  inventions, 
ever  they  liavo  is  in  the  omnibus  hill  tl 
of  Mr.  Orton’s  proposition  by  me.  The; 
i  on  this  trial ;  nothing  clso  but  that, 
t  did  the  question  of  brother  Dickerson 
ml  when  lio  asked  you  if  any  iudividun 
id  any  interest  with  you  in  the  Wester 
n  these  inventions  except  Edison  ? 
moil :  In  his  rights  under  the  contract, 
interest  tindor  the  contract  ? 

'ights  under  the  contract. 

■t :  Vou  objected  to  tho  inquiry  as  to  t 
c  question. was  modified  so  as  to  exelnd 

t  did  you  mean  when  they  said  any  rig! 

int  there  was  no  other  individual  that 
arrangement  with  in  regard  to  this  coni 
lifer  to  sell  to  tho  Western  Union  Compi 
dance  of  it 

is  what  called  my  attention  to  tho  matt 
is  matter  of  record. 

did  not  except  the  Western  Union  C 
isked  if  any  corporation  was  interested ; 
to  except  tho  Western  Union  Company  i 
an  we  made  an  oiler  to  soli  to  tho 
apany  on  tho  30th  of  Deccmbor,  and  l 
pled  tho  oiler :  and  I  told  tho  Westei 


Q.  Witli  whom  is  that  arrnngoinont  to  sond  7  1138 

A.  I  dcclaro  I  don’t  kuow;  it  comes  from  tho  Pntout 
Ollico direct  to  ino;  some  of  my  assistants  arrange  it;  it  is 
n  standing  order  from  some  sotirco. 

Q.  So  nil  coino  to  yon ;  I  take  it  ns  you,  interested  as  an 
electrician,  examined  them  ns  they  come  in,  more  or  less  7 

A.  Well,  as  much  as  my  time  will  allow ';  life  is  not  long 
enough  to  read  everything. 

q.  Yon  were  in  habit  of  reading  tho  Telegrapher  from 
time  to  time ;  it  wns  the  opposition  paper  7 

A.  It  was  the  opposition  paper;  yes,  sir. 

Q.  It  is  suggested  that  I  did  not  get  tho  date  when  you  1139 
put  the  ipiadruplox  iuto  tho  wires  of  tho  Western  Union 
Company  for  use ;  that  was  iu  tho  fall  of  1874? 

A.  We  put  it  in  operation  between  Now  York  and  Boston 
on  the  30th  of  September,  1874,  and  between  Now  York 
and  Chicago  in  December,  1874. 

Bo  direct  examination  by  Mr.  Dickerson. 

Q.  I  wish  to  ask  you  whether  any  persons,  corporation  or 
or  individuals,  had  any  interest  iu  yonr  rights  iu  tho  con¬ 
tract  with  Mr.  Edison  t  _  1440 

A.  No,  sir;  that  is  my  own  property— my  own  afTair. 

Q.  It  lind  been  said  that  you  held  it  for  the  bonoflt  of  tho 
Western  Union  Company? 

A.  No,  sir;  I  hold  it  for  tho  benefit  of  myself,  if  X  over 
gut  any  benefit  out  of  it 

Adjourned  until  Monday  morning. 


Heaiuuo  Besomed. 

May  28, 1877.  mi 

George  B.  Prescott  recalled.  Examined. 

By  Mr.  Lowrey : 

Q.  There  has  been  somo  testimony  offered  concerning  an 
interview  between  yourself  and  Mr.  Edison  at  tho  tune 
prior  to  tho  proposition  made  by  Mr.  Edison  to  you,  when 


854 


1442  Edison,  it  is  snid,  lind  complained  that  ho  had  not  all  the 
facility  which  ho  ought  to  have.  Did  you  have  such  an 
intorviow  ? 

A.  I  did. 

Q.  When,  about,  did  the  interview  take  place? 

A.  The  latter  part  of  February,  I  should  say,  1874. 

Q.  State  what  took  place  at  that  interview? 

A.  Mr.  Orton  sent  for  me  to  como  to  his  room.  On  ar¬ 
riving  there  I  found  Mr.  Edison  seated  on  the  sofa  near  Mr. 
Orton,  and  Mr.  Orton  said  to  mo  substantially  that  lie  and 

1448  Mr.  Edison  had  made  an  agreement  the  previous  year  to 
make  improvements  in  Stearns’  duplex  and  to  make  other 
inventions  and  improvements  in  duplex  which  would  belong 
to  the  Western  Union  Telegraph  G'ompnny,  tho  prieo  to  he 
settled  by  mutual  agreement  or  by  arbitration  in  tho  event 
of  disagreement.  Mr.  Orton  snid  that  Mr.  Edison  had  not 
made  ns  much  progress  ns  he  had  expected,  or  that  ho  was 
disappointed  nt  tho  progress  ho  had  made,  and  he  desired 
that  1  should  give  Mr.  Edison  all  tho  facilities  that  ho  re¬ 
quired  in  tho  development  of  his  ideas  and  inventions  in 
regard  to  the  duplex,  and  to  give  him  access  to  my  experi¬ 
mental  room. 

Q.  What  did  Mr.  Edison  say,  if  anything? 

1444  A.  I  don’t  remember  any  remarks  that  Sir.  Edison  made 
hir.  Edison  left  with  mo  and  accompanied  mo  to  my  experi¬ 
mental  room,  and  1  gnvo  him  possession  and  also  gave  him 
a  duplicate  key  to  the  room,  so  that  ho  could  como  out  and 
go  in  when  ho  saw  fit. 

Q.  Did  1m  proceed  to  do  any  work  in  that  room? 

A.  Ho  did.  He  got  his  apparatus  there  and  continued 
there  for  some  weeks.  I  ought  to  say,  in  justice  to  myself, 
that  I  was  absent  myself  for  several  weeks,  and  I  do  not 
know  during  that  timo  whether  he  was  nt  work  or  not.  1 ! 

1445  wonl  t0  Key  West 

Q.  When  did  you  go  to  Key  West? 

A.  About  tho  middle  of  April,  and  returned  early  in 
May’. 

Q.  Was  there  ever  any  conversation  between  Mr.  Edison 
and  yourself  when  you  came  to  make  this  agreement  in  ro- 


spent  to  tho  relation  botweon  Mr.  Edison  and  tho  Western  1446 
Union  Telegraph  Company  ? 

A.  I  do  not  recollect  any  specific  conversation  about  it ; 
thoro  was  an  understanding  that  wo  woro  making  it  for  the 
company. 


By  Mr.  Lalrobe  : 

Q.  What  was  said? 

A.  I  don't  remember  specifically. 

Q.  And  after  that  timo,  if  I  understand  you  correctly, 
you  told  Mr.  Edison  something  iu  tho  way  of  giving  au- 
thority  to  act  for  you  ;  pleaso  ropeat  that? 

A.  I  told  Mr.  Edison - 

Mr.  Wheeler :  Wo  object  to  that.  It  is  clearly  not  proper 
on  ro-oxamination ;  it  is  reopening  tho  wholo  subject,  and  it 
is  going  over  ground  that  has  already  been  covored. 


(Admitted.) 

Q.  I  think  you  said  thnt  you  gave  Mr.  Edison  some  lib-  1448 
orty  in  respect  to  making  oflors  without  consulting  him ; 

pleaso  ropeat  what  you  said  about  that? 

A  I  told  Mr.  Edison  thnt  in  future  negotiations  with  Mr. 

Orton,  in  regard  to  tho  prieo  of  quadruples,  any  price  that 
was  satisfactory  to  him  would  bo  satisfactory  to  mo ;  in 
other  words,  I  assented  to  anything  thnt  Mr.  Edison  would 

“"‘ms  that  before  or  after  this  paper  of  December 

A.  It  was  attor  tho  paper  of  December  16th.  1449 

Q.  Wlmro  wore  you  after  that  timo  to  the  1st  of  Janu- 

“r  a!  I  was  in  New  York,  I  think,  until  the  24th  of  Decem¬ 
ber,  and  then  I  wont  to  Massachusetts  and  spent  the 
Christmas  and  Now  Yoar's  holidays. 

Mr  Tow  ej  nq  e  of  Mr.  Wheeler  if  ^  designs  to 
argue  to  tho  Court  that  the  title  to  tho  present  plaintiff 


1450  any  way  made  better  or  ia  in  any  manner  fortified  by  rc„- 
son  of  it  being  passed  through  Mr.  Samuel  M.  Mills,  Iltlj 
states  Hint  Mr.  Mills  has  evaded  service  for  the  past  fin  f 
days,  that  lie  is  a  reluctant  witness,  and  that  he  docs  not 
wish  to  tnko  any  further  trouble  to  produce  him  unless  it 
shall  be  necessary. 

Mr.  Wheeler  states  that  ho  will  confer  with  his  associate  I 
and  will  reply  after  recess.  ' 

1451  (The  cross-examination  of  Mr.  Hennen  is  waived  by  do-  f 

fendnnt’s  counsel.)  * 

Mosca  J.  Farmer ,  called  for  defendant  and  sworn  o 
ntnincd.  ’ 

%  Mr,  Dickerson : 

Q.  What  is  your  profession  and  position  ? 
tt  E'ootno'l'°nginccr,  and  at  present  olootrieian  at  the 
United  States  Naval  torpedo  station,  Nowport,  It.  I. 

1452  A.  S°yCd  ^  th°  TJnit°d  S‘at0S  Goveri,mcnt? 

Q.  Aro  you  in  the  employ  of  or  oonnooted  with  the 
W  tern  Union  Telegraph  Company  in  any  way  other  than 
to  be  a  witness  here? 

A.  No  other  way. 

Af- ?”  •tI“\t'.V0  General  classes  under  whichtclc- 
graphs  are  olass'fied  in  respect  to  their  modo  of  operation 
A.  Electro-magnetic  recording  and  oloetro-ohemioal. 
a  °nro  l"'°  d,stin°t  classes? 

A,  Two  distinct  classes. 

1468  elcAILA10'1,1''0  C0Urt  is  «»t  instance  of  the 
eleetro-ehomieal  telegraph  as  it  appears  in  the  history  of 

ntatb?iPrdCr!?1810.Or’12-and  Schilling  in  1810, 
ohemical  tele  °  i”3,1  ‘8  Carl'er  dlaoo'rorors  of  the  electro- 
chemiea  aedf  aP  W '°m  ^  ™re  observed  from 

A.  Yes,  sir. 


Q.  And  were  transmitted  how  ?  1454 

A.  By  opening  and  closing  an  electric  current,  sending 
the  current  from  the  galvanic  battery,  and  wero  transmitted 
manually ;  as  I  say,  they  wero  obsorved  as  oai-ly  as  thoso 
years,  and  the  earlier  ones  were  observed  by  tho  operation 
of  certain  phenomena. 

Q.  Bubbles  of  water? 

A.  Yes. 

Q.  With  decomposition  of  salt? 

A.  Yes,  sir. 

Q.  Whnt  is  tho  first  electro-magnetic  telephone — what  is  1455 
now  called  “  telegraph  ?" 

A.  I  should  say  that  Prof.  Honry’s  discovory  was  tho 
first  oleotro-magnotio  telegraph. 

Q.  In  whnt  year? 

A.  In  1831,  in  wkioli  ho  struck  a  bell  by  the  uso  of  an 
clcctro-mngnct  and  a  polarized  magnet. 

Q.  Whnt  is  called  a  polnrizod  rolny? 

A.  An  equivalent  to  it. 

Q.  Then  go  a  stop  further ;  whnt  is  the  first  clectro-mag- 
notio  telegraph  that  you  know  of,  as  distinguished  from  a 
tclophono  ?  1458 

A.  That  of  Prof.  Morse,  beginning  in  1831  and  experi¬ 
mented  with  in  1830,  ’38  and  ’40. 

Q.  Stnto  to  the  Court  tho  character  and  origin  of  whnt  is 
called  the  Morse? 

A.  In  Morse’s  first  telegraph  a  ponoil  was  moved  across 
a  strip  of  paper  by  an  elcotro-magnot,  and  tho  signals  wero 
transmitted  automatically  by  means  of  whnt  might  be 
called  types  with  characters  imprinted  on  them  permanently. 

They  wore  set  up  by  a  port  rule,  and  these  passed  in  sue-  1457 
cession  under  n  contnct  mnkor  and  breaker;  tho  signals 
were  received  by  a  pencil  moving  across  a  piece  of  paper, 
making  a  wavy  lino  or  succession  of  V's,  and  a  group  of 
V’s  formed  a  specific  character— Iottors  for  instance.  • 

Q.  Now  tnko  tho  next  stop? 

A.  The  noxt  stop  appears  to  have  boon  to  apply  an  elec¬ 
tro-magnetic  armature  to  ono  end  of  a  lever,  and  a  stylus 
or  embossing  pan  to  tho  other  end  of  a  lover,  which  made 


858 


869 


1458  indentations  in  a  slip  of  paper  which  wore  continuous  or 
interrupted  ns  tho  circuit  was  closod  or  opened  ;  .the  length 
of  these  indentations  could  bo  controlled  by  tho  oporator; 
tlic  grouping  of  long  and  short  indentations  were  made 
into  characters  to  signify  letters. 

Q.  And  that  was  automatic  and  electro-magnetic  tele¬ 
graphy  ? 

A.  Yes,  sir. 

Q.  Wlmt  is  tho  next  step  ? 

A.  Tho  next  step  appears  to  have  boon  to  lay  aside  the 

1450  automatic  transmitter  and  to  substitute  therefor  manual 
transmission  by  means  of  a  spring  or  key  by  which  tho  cir¬ 
cuit  was  made  and  brolcon  by  depressing  tho  end  of  tho 
lover  or  spring,  by  tho  hand.  It  was  manual  in  contra¬ 
distinction  from  automatic.  The  rccoption  continued  to  ho 
olcctro-mngnetio.  The  mechanical  method  of  ombossing  the 
l'-apor  continued  tho  same.  It  was  still  oleetro-magnotio 
tolcgraphy. 

Q.  Which  is  tho  next  stop  ? 

A.  Tho  noxt  step  was  that  tho  paper  was  dispensed  with 

1480  “'id  tl‘#  signals  wore  recognised  by  tho  oar  and  it  beeaino 
aural  tolography  or  tho  tolophouo,  which  was  au  oleetro- 
magnotio  telephone,  if  you  ploase. 

Q.  1710011  is  the  thing - 

A.  Which  is  tho  thing  used  to-day  and,  from  all  I  can  see, 
will  last  to  tho  ond  of  time. 

Q.  When  did  you  over  have  a  personal  acquaintance  with 
tho  practical  operation  of  telegraphy  ? 

A.  In  1847. 

Q.  In  wlmt  employment  or  under  wlmt  circumstances? 

A.  I  was  connected  with  Francis  0.  J.  Smith  as  line  re- 

1481  P:urm'  nmi  1  an  offico  at  South  Frnmington  in  De¬ 
cern her.  1R47  b 


Q.  What  instruments  and 
them? 


wlmt  method  wore  used  in 


A.  A  Morse  manual  oleetro-magnotio  recorder. 

A  I  did°U  °V°r  IlaV°  10  d°  WitU  th°  chemioal  system? 

Q.  When  and  whore  ? 

A.  Commencing  in  the  latter  part  of  tho  year  1849,  I 


t. 


opened  several  offices  on  tho  Vermont  and  Boston  Chemical 
Telegraph  lino  and  was  superintendent  of  tho  line  from 
May,  1850,  to  May,  1871. 

Q.  Go  back,  if  you  please,  to  the  chemical  system.  Wlmt 
is  the  Bain  system  ? 

A.  The  Bain|  systom,  as  I  understood  it  at  that  time,  was 
olcctro-chomienl  in  its  rccoption.  Messages  were  received  on 
electro-chemical  paper  by  a  stylus  and  were  transmitted 
either  manually  by  use  of  a  key  as  on  tho  Morse  telephone 
or  automatically  by  perforated  paper. 

Q.  Prof.  Bain  was  an  Englishman  ? 

A.  Yes. 


Q.  About  what  year  was  tlmt  V 

A.  I  should  say  about  1848  ;  I  became  acquainted  with 
it  in  practice  in  1849  or  1860. 

Q.  From  that  timo,  then,  you  woro  using  tho  Baiuo  sys¬ 
tem  of  manual  transmission? 

A.  Yes,  sir. 

Q.  And  chemical  reception  ? 

A.  Yes,  sir. 

Q.  Ou  running  strips  of  pnpor  ? 

A.  On  n  circular  disk  of  paper,  which  revolved,  and  tho 
writing  was  traced  in  a  spiral. 

Q.  Do  you  know  when  tho  Bain  systom  of  automatic 
came  to  bo  used  in  this  country  ? 

A.  My  earliest  recollection  of  it  is  about  the  yoar  1850 ; 
I  then  saw  an  experiment  at  Boston,  between  Boston  and 
Now  York,  and  Boston  and  other placos  East,  and  lam  not 
certain  but  that  I  also  saw  them  between  Boston  and  Kali, 
fax,  but  I  do  not  remombor  that  distinctly. 

Q.  Wlmt  nnmo  wits  given  to  that  systom  among  eleotri- 


A.  It  was  then  called  the  Bain  fast  system,  or  tho  Bain 
automatic  system,  or  the  chemical  fast  system,  or  tho  Bain 
automatic 

Q.  What  did  you  understand  to  bo  that  system  which 
was  called  tho  automatio  systom  in  1869,  1870  and  1871? 

A.  I  understood  it  to  bo  the  system  which  automatically 
transmitted  messages  by  perforated  paper,  and  wliioli  auto¬ 
matically  received  them  on  chemical  paper. 


1466  Q.  Tlmt  is  the  Bnino  system  ? 

A.  Tlmt  is  the  Bnino  system,  or  cliomicnl  system,  or  au¬ 
tomatic  system,  ns  I  understood  it. 

Q.  Have  you  mndo  inventions  in  telegraphy  yourself? 

•  A.  Yes,  sir  j  several. 

Q.  Are  they  patented? 

A.  Some  of  them. 

Q.  Tell  us  what  is  the  origin  and  what  steps  have  beta 
taken  in  developing  the  double  transmission  system? 

A.  The  earliest  efforts  wero  mndo  by  Dr.  Guinlel  about 
1407  1853  or  1855  ill  double  transmission.  Perhaps  it  may  1b 
well  to  classify  double  transmission  thus:  Contrnphx  trans¬ 
mission,  or  transmission  of  messages  in  opposito  directions; 
dipicx  transmission,  transmitting  two  messages  in  the  sants 
direction,  both  coming  under  tho  moro  generic  term  of  du¬ 
plex  transmission.  Diplox  and  double  sending  meaning 
the  same,  and  duplex  being  a  more  goaorio  term  than  either 
contrnplex  or  diplox  and  other  terms,  such  as  couutcrplox 
nnd  multiplex. 

1468  ty 1,10  Court : 

Q.  "What  is  tho  moaning  of  tho  torm  “  diplox?" 

A.  Tho  torm  di  in  chemistry  has  a  signification  peculiar 
to  itself.  It  has  a  larger  number  of  base  elements  tlmu  of 
tlm  acid.  Bor  instance,  di-ehlorides  have  n  larger  portiou 
of  base  than  bi-chlorides.  Bi-olilorido  means  two  atoms  of 
c  llormo  to  one  of  bnso,  and  di-chlorides  means  two  atoms  of 
baso  to  ono  of  chlorine. 


Q.  lliat  is  tho  origin  of  the  torm  diplox? 

A-  The  term  diplox  was  coined  to  express  double 
sending,  either  m  opposito  directions  or  in  tho  same  dirco- 
ion.  t  was  well  to  have  n  term  which  would  distinguish 
ouble  sending  in  contradistinction  to  single  sending,  and 
diplox  was  coined  for  that  purpose. 

Q-  What  progress  has  been  made  and  what  steps  taken 
m  developing  diplox  and  contrnplex  to  the  proportion  of 


Jcgin  to0be“e(f!0tl  qUadrUp,eX;  W,len  did  word  first  1470 

A.  The  word  simplex  was  used  to  signify  single  sending. 

II  e  Morse  instrument  and  the  Bninc  manual  might  be 
called  simplex  telegraph.  Sending  signals  on  an  electro¬ 
magnetic  circuit  might  bo  called  simplex.  When  a  circuit 
is  broken— when  the  lino  is  down  for  i„stnnce-no  signals 
can  bo  sent  at  all.  In  order  that  two  persons  shall  send 
-signals  independently  and  simultaneously,  it  is  necessary 
for  the  circuit  to  bo  continuously  wliolo.  Tho  continuity  of 

l  n;0,i?',T’ltmif11bQmni'ltained-  Itisono  of  essentials  14T1 
|  o  duplex,  and  the  same  is  true  of  simplex.  The  continuity 
of  tho  circuit  is  absolutely  necessary,  in  order  tlmt  two  nor- 
sons  may  simultaneously  send  independent  signals.  Dr. 
“unite!  did  not  provide  for  the  continuity  of  tho  cirouit  It 
was  somewhat  later  that  tho  preservation  of  tho  continuity 
of  the  circuit  was  provided  for. 

Q.  By  whom? 

A.  By  Kramer,  by  Bernstein,  by  myself,  nnd  various 
others ;  all  about  in  the  lattor  part  of  tho  year  1855,  and 
the  beginning  of  1850.  This  essential  was  provided  for  lm 
about  tho  latter-  pnrt  of  1855  ? 

Q.  Have  you  a  patent  in  reference  to  this  ? 

A-  I  have  ono  or  two.  There  are  two  modes  of  nccom- 
pushing  this:  ono  by  Kramer,  in  which  tho  battery  was 
shunted  out,  and  into  a  cirouit  without  interrupting  the  con¬ 
tinuity  ;  the  othor  mode  is  that  in  which  two  terminal 
i anches  nro  applied  to  tho  main  circuit  without  interrupt¬ 
ing  the  continuity,  thus  (illustrating  with  fingers).  Tho 
hue  was  in  contact  with  ono  of  tlieso  terminal  branches, 
bon  tact  was  thou  made  through  tho  terminnl  branch,  before  1.173 
breaking  with  tho  fust  terminal  branch,  and  thus  continuity 
vns  unbroken.  It  is  a  fact,  that  in  simplex  telegraphy,  in 
the  original  Morse  telegraph,  all  tho  receiving  instruments 
responded  to  tho  signals  mndo  by  any  ono  operator ;  his 
own  receiving  instruments  ns  well  ns  others.  Now,  in  order 
that  lie  might  bo  able  to  receive  some  one  elso’s  signal  on 
his  own  receiving  instruments,  ho  must  provido  soino  means 
to  provont  his  own  instrument  responding  to  his  own  signals. 


362 


1474  Guintol  provided  for  Hint,  and  others  have  provided  for  it. 
in  various  ways — Frischcn,  Siemen  and  Hnlskc,  and  others. 

Q.  Away  back  in  1853  and  1855? 

A,  Yes,  sir;  Dr.  Guintol  was  tbc  first  I  remember  :  now 
the  earlier  duplexes  made  signals  by  increasing  and  decreas¬ 
ing  the  current,  increasing  it  from  zero  to  something  and 
decreasing  it  from  something  to  zero ;  that  was  the  sole 
method  adopted  in  the  earlier  duplexes  of  sending  signals 
by  increase  and  decrease  of  the  curront ;  in  my  patent  in 
1858  one  operator  operates  by  reversing  the  direction  of  the 

1475  current,  no  matter  what  the  other  ono  does — no  matter  how 
tho  signal  is  received;  ho  simply  reverses  the  direction  of 
tho  current  without  either  increasing  or  decreasing. 

Q.  That  was  your  contrnplox  of  1858  7 

A.  Yes. 

Q.  Is  it  patented? 

A.  Yes,  sir ;  it  was  dono  by  u  continuity  preserving  key ; 
tho  continuity,  ns  I  said,  must  bo  preserved  in  some  wny. 
and  this  key  wns  made  to  prosorvo  tho  continuity  while  re¬ 
versing  tho  direction  of  the  current. 

147Q  Q.  It  had  two  functions  ? 

A.  Yes. 

Q.  To  proservo  tho  continuity,  and  to  revorso  tho  cur¬ 
rent? 

A.  Yes;  in  this  combination  tho  operator  at  the  other 
station  also  reverses  tho  the  direction  of  tho  current  from 
his  battery.  On  tho  diplox  of  Stark  k  Kramer  and  Bosschn 
nnd  others  there  were  two  independent  operators  operating 
independently  of  each  other,  ono  operator  sending  tho  cur¬ 
rent  of  a  particular  strength,  nnd  tho  other  operator  sending 
tho  current  by  a  larger  strength,  porlmps  in  the  same  diice- 

1477  tion  or  in  opposito  directions.  In  Bosschn’s  method,  when 
tho  operator  sent  a  positive  current,  tho  other  operator  sent 
a  negative  current  of  greater  strength,  both  being  transmit¬ 
ted  simultaneously,  nnd  tho  resulting  current  wns  the  differ¬ 
ence  between  the  two. 

Bj-  Stalk’s  method,  he  sent  two  currents  of  different 
strength,  both  in  the  sumo  direction,  and  the  resulting  cur- 
rent  wns  tho  sum  of  both.  Now,  I  linvc  spoken  of  these  t  wo 
different  methods  of  increasing  and  decreasing  the  current, 


363 

nnd  of  reversal  of  tho  current.  We  next  come  down  to  Case  1478 
II.  Thera  Edison  has  combined  the  two  functions,  ono 
operator  reverses  the  direction  of  tho  current,  ns  in  my  pa¬ 
tent  of  1858,  nnd  the  other  operator  increases  and  dcercascs 
tho  current  independently  of  what  tho  first  operator  is  do¬ 
ing.  There  tho  two  functions  are  combined,  tho  two  oper¬ 
ators  perform  these  two  distinct  functions  independently  of 
each  other,  leaving  the  result  to  consequences.  The  current 
is  increased  from  something  to  something  grantor,  and  dim¬ 
inished  from  something  grantor  to  something. 

Q.  This  is  tho  first  time  in  which  that  has  ovor  boon  1479 
dono? 

A.  Yes,  sir ;  tlmt  is  tho  first  time  in  which  that  has  ovor 
been  accomplished  to  my  knowledge ;  in  that  invention  no 
now  dovico  wns  used ;  it  wns  a  combination  of  old  dovioos 
that  were  woll  known. 

Q.  In  this  Cnso  H? 

A.  Yes,  sir. 

Q.  Patent  No.  162,633  ? 

A.  Yes. 

Q.  There  is  ono  other  cssontinl  factor  in  working  tho  1480 
line,  nnd  that  is,  tho  length? 

A.  An  incronso  of  tho  length  of  tho  lino  manifests  tho 
oharaotor  of  tho  Leyden  jar,  that  is  oapable  of  storing  elec¬ 
tricity  ;  the  wire  becomes  tho  inner  coating,  nnd  tho  earth, 
twenty  foot  distant,  is  tho  outer  coating,  and  tho  air  betwcou 
is  tho  gln'ss ;  this  Loydon  jar  capacity  bocomcs  very  mani¬ 
fest  when  a  lino  is  a  thousand  milcB  long. 

Q.  What  is  tho  effect  of  tho  ordinary  Morse  relay? 

A.  I  would,  porlmps,  oxplnin  that  in  this  wny:  when  a 
battery  is  put  into  communication  with  tho  wire,  supposing  543 1 
one  pole  of  tho  battery  to  be  connected  with  the  earth  and 
another  pole  to  tho  koy,  tho  koy  to  tho  relay,  and  the  relny 
to  tho  line;  when  tho  koy  is  pressed  down  tho  armature  of 
the  relay  makes  a  sudden  start  which  makes  a  noise,  which 
is  more  perceptible  on  a  long  lmo  than  on  a  short  lino ; 
this  is  owing  to  tho  sudden  inrush  of  tho  static  capaoity  of 
tho  lino;  this  sudden  rush  causes  tho  armature  to  make  a 
sudden  and  heavy  stroko ;  tho  longor  tho  lino  tho  heavier 


A.  I  think  it  is  translated  in  Mr.  Prescott’s  hook. 


1486 


very  rapidly;  it  docs  not  Inst  more  tha”'  i»rt  of“a 
second,  or  some  almost  inappreciable  length  of  time. 

Now,  in  working  the  differential  duplex,  in  which  the 
olcctro-mngnot  is  applied,  one  part  going  through  one  coil 
of  the  relay  to  the  line,  and  the  other  part  going  throuch 
the  other  coil  to  the  rheostat  which  has  no  static  capacity 
llns  coil  or  branch  of  the  circuit  docs  not  take  any  static 
charge;  but,  if  this  artificial  lino  or  branch  circuit  had  static 
capacity,  then  the  part  of  the  current  which  went  through 

1483  one  coil  to  lino  with  a  sudden  jump,  mid  the  other  part 
winch  wont  through  the  other  coil  in  tlio  opposite  direction 
to  tho  artificial  lino  having  static  capacity,  the  two  rushes, 
being  in  opposito  directions,  would  neutralize  each  other, 
and  there  would  be  no  kick  of  the  armature.  Stearns  pro- 
v t  ied  against  tins  difficulty  by  applying  „  condenser  to  the 
artificial  or  rheostat  circuit,  and  thus  bestowing  on  it  the 
static  capacity  which  tho  lino  possessed,  and  the  static  oar 
pacityoftlie  nrtifioin1  line  would  neutralize  the  static  eliargo 
n  o  the  real  line.  Another  mctl.od-which  I  invented  my- 

1484  17  Ttrn  !z,ne  11)0  static  charge  was  by  the  insertion 
n  o  the  mam  line  of  a  secondary  wire  of  the  lluhmko.il 
cod,  and,  by  breaking  the  primary,  cause  an  induction  of 

»;,b“  t°“i 

aritnl01'0,  !),utt,s.omo  meol)anicnl  methods  to  restrain  tho 
arinatmo  while  this  static  charge  expends  itself. 

plex  tSexed?8  ltal *UndruP,o:£  doscribcd-that  is, di- 

1485  mnt, 1,1  ‘!10  fustri™  Journal  of  the  Telegraph;  I  do  not  re 
Sb:r„  at°'  ^  8I'0UW  t,d"k  "as  in  the  year 

'  ,!r,  “jr.0f ' 9'iadmplex  was  set  forth,  and 

Kramer  1 1  T  ed  l,mt  11  mlgbt  be  dono-  'l'1'0  diplex  of 
St  '  ?  Irf  bBW°*cd  with  a  differential  relay  as  in 
b  eu  i,  ?'  °r  ,Siemon  nnd  Halekc,  and  thus  diplex 

bo  qnadruplexed,  or  double  diplexed. 

German?  PreSOOtt,s  book  contains  tho  translation  from  tho 


(Mr.  Dickerson  offers  in  ovidonco  the  translation  from  tho 
German  on  pago  888  of  Mr.  Prescott’s  book.) 

Q.  Is  that  the  description  that  you  refer  to? 

A.  Yes,  that  is  tho  translation  of  tho  description. 

Q.  That  is  a  correct  description  of  the  method  in  use  for 
making  quadruplox  out  of  duplox? 

A.  Yes,  sir,  for  making  quadruplox  out  of  duplox. 

Q.  l’ho  differential  method  ? 

A.  Yes.  1487 

Q.  Look  at  page  852  of  tho  book. 

A.  I  have  it,  sir. 

Q.  I  wish  to  oall  your  attention  to  the  fact  whether  that 
was  tho  differential  or  tho  bridgo  systom,  supposing  that  to 
ho  tho  systom  in  use.  Is  that  tho  system  referred  to  in  tho 
first  that  we  gave  you,  or  is  it  tho  bridgo  systom  ? 

A.  It  npponrs  to  bo  tho  differential. 

Q.  That  is  on  pago  852  of  Mr.  Prescott’s  book? 

A.  Yes. 

Q.  Plonsc  compare  that  with  tho  description  that  is  re¬ 
ferred  to  on  pago  888.  1488 

A.  By  this  apparatus  on  page  852,  by  tho  uso  of  tho  two 
coils  of  the  relay,  the  relays  are  prevented  from  responding 
to  the  signals  which  arc  sent  from  tho  station  nnd  are  left  at 
liberty  to  respond  to  signals  received  from  tho  distant  sta¬ 
tion  ;  it  is  at  liberty  to  receive  from  tho  distant  station  simi¬ 
larly,  as  in  tho  description  on  pago  888,  whilo  the  signals  are 
transmitted  in  n  different  manner. 

Q.  Tell  us  what  that  drawing  on  page  852  is;  is  it  a  du. 
plex  or  a  quadruplox? 

A.  It  is  diplex  and  quadruplex ;  diplex  double,  diplox  1489 
capnblo  of  receiving  ns  well  ns  transmitting. 

Q.  The  question  I  wish  to  ask  you  is,  whethor  that  is  the 
thing  described  in  tho  German  book? 

A.  This  apparatus  answers  to  that  description. 

Q.  Have  you  knowledge  of  tho  present  motliod  of  work¬ 
ing  quadruplex  in  tho  170810™  Union — do  you  know 
whether  it  is  worked  that  way  or  by  tho  bridgo  systom  ? 


867 


1490  A.  I  think  I  have  scon  it  worked  both  ways.  I  lmvo  gg(| 
very  much  practical  acquaintnince  with  tlio 
used  in  the  Western  Union  company’s  office. 

Q.  Aroyou  familiar  with  tlio  method  described  nndei-j 
ldbited  by  the  drawing  in  what  is  oallou 

A.  Yes. 

Q.  book  at  the  text  of  Cnso  99  and  tbo  diagram  of  Ck| 
99.  1 

A.  I  have  it,  sir. 

Q.  You  lmvo  read  that? 

1491  A-  Yra- 

Q.  Aro  you  familiar  with  it? 

A.  Tolerably. 

Q.  In  which  class  of  tolcgraph  does  that  invention  be 
long? 

A.  Merely  in  tlio  class  of  the  oloctro-mngnotio  telegraph 

Q.  Is  that  invention  there  described  and  speoilied  appli¬ 
cable  to  the  automatic  system  of  telegraphy  ? 

(Objected  to  on  the  ground  that  it  is  asking  the  witmsl 

1492  to  pass  upon  an  issue  in  this  oaso.  Objection  overruled] 

Exception.)  1 

A.  As  I  lmvo  dofined  automatic  telegraphy,  the  trans¬ 
mission  is  automatic;  the  roooption  electro-chemical,  nol 
electro-magnetic.  With  that  definition  and  that  understand¬ 
ing,  I  cannot  say  truthfully  that  this  was  applicable  to  sue) 
automatic  telegraphy. 

Q.  Wlmt  would  be  thoofleot  of  adding  to  this  thing  de¬ 
scribed  in  case  09— tho  perforated  transmitter  at  one  end  of 

1493  1!’  i  t  lCC,10m*ca^  recc>ving  paper  at  tho  other  end,  beyond 
the  electro-magnetic  rccoiver  upon  both  chemical  and  elec* 
tro-magnctic  operation  ? 

.  A>  W°  wil1  look  B«*t  at  the  receiving  end.  Suppos¬ 
ing  wo  lmvo  one  or  the  other  of  tbeso  relays  upon  a  local 
cnouit  a  Inch  shall  bo  marked  on  cliom  ical  paper.  Then 
such  a  contrivance  can  evidently  be  added  to  what  is  shon  e 


Lined  by  the  speed  at  which  the  electro-mag-  1494 
hmt  could  respond.  All  my  experience  goes  to 
Jjhow  that  electro-magnetic  reception,  with  present  known 
.(■results,  is  slower  than  clectro-ebemical  reception ;  it  is  a 
>11  known  rule  in  electrical  seionce  that  the  continued  pro¬ 
duce  of  the  total  resistance  of  the  line— its  total  static  capa- 
nud  number  of  words  per  minute  is  a  tolerably  con- 
t  quantity ;  with  the  Morse  instrument  the  constant 
inity  would  be  different  from  the  chemical  instrument; 
irdi’ng  to  my  experience  the  chemical  receiving  appa- 
s  is  capable  of  receiving  nearly  four  times  as  fast  as  the  1405 
Vorse  relay  that  I  have  experimented  with;  the  effect 
1  of  using  either  of  these  electro-magnets  to  record 
...nieally  on  paper  would  be  evidently  to  slow  the  rate  of 
reception';  T  have  always  understood  the  beauty  of  the 
automatic  telegraph  to  be  its  great  speed  of  reception ;  that 
was  the  cry  made  in  1868,  ’69,  '70  and  71,  the  tremendous 
I  speed  at  which  messages  could  be  received — 1,000  words 
I  a  minute;  my  own  experience  would  not  lead  me  to  believe 
that  on  an  ordinary  Morse  apparatus  more  than  70  to  100 
words,  or  possibly  120  words  per  minute  could  be  received ;  1495 
doubt  but  that  apparatus  could  be  constructed  that 
would  receive  even  more  rapidly  than  that,  but  such  as  I 
experimented  with  I  should  hardly  expect  would  go 
igh  as  120  words  per  minute  with  a  Morse  receiving 
relay  to  record  chemically;  I  am  credibly  informed  that 
1,000  words  a  minute  have  been  received  automatic  ori  cir- 
ruits  (I  do  not  know  exactly  what  length)  in  the  neighbor¬ 
hood  of  200  miles. 

Q.  Have  you  made  calculation  upon  data  that  have  been 
exhibited  to'  you,  or  that  huve  been  accessible  to  you,  of  4497 
the  relative  capacityof  the  electro-magnetic  instruments  and 
the  chemical  receiving  instruments,  so  as  to  be. able  to  state 
wlmt  proportion  of  the  speed  of  the  chemical  reoeiver  can 
be  attained  by  the  electro-magnetic  receive r  ? 

A.  1  made  experiments,  a  few  weeks  since,  on  a  Morse 
receiver  from  Chicago  to  New  York,  and  from  Omaha  to 

. . . .  New  York,  from  which  I  deduce  conclusions  which  would 

-perhaps  I  might  say  apply  to  case  99.  If  it  wcrell  leaJ  me  t0  j„fer  that  40  words  per  minute  could  be  received 
applied  the  speed  of  reception  would  bo  doter-l  on  tjje  yorBe  instrument  over  a  line  1,000  miles  long,  with 


1498  a  rcsislanco  of  10  ohms,  and  say  a  No.  6  iron  wire;  if  I 
take  data  that  Mr.  Johnson  and  others  have  given  me, I 
should  be  led  to  supposo  that  four  times  as  much  as  that, 
or  160  words  per  minute  would  be  received  over  a  similar 
line  on  chemical  paper,  on  a  line  1,000  miles  long,  offering 
resistance  of  10  ohms,  and  erected,  as  is  usual,  about  twenty 
foot  from  the  ground. 

Q.  What  advantage,  if  any,  lias  the  chemical  system  over 
die  electro-magnetic  ? 

A.  Its  greater  speed  of  reception. 

1499  Q.  Is  there  nny  other  that  you  know  of? 

A.  I  don't  think  of  nny  other. 

't  ?  ^  ^  kils  I10^  £ot  fhat,  it  has  nono  ns  you  understand 

A.  I  should  think  it  had  nono. 

Cross-examined  by  Mr.  Hodges. 

Q.  Did  I  understand  you  to  say  that  in  the  Kramer 
method,  either  of  the  messngo  could  bo  sent  by  tho  reversal 

1600  of  tho  current. 

-A-  No,  sir;  I  did  not  say  that  intentionally. 

Q.  Then  it  would  not  bo  true  would  it,  to  say  in  that  system 
you  could  send  two  distinct  messages,  one  by  the  reversal 
the  currents?'  nn<1  ^  °th°r  inorc#8in«5  nlld  decreasing 
A.  Not  always  invariably. 

ADo  y.ou  bl0"’  of  nny  other  system  or  of  nny  other  in- 
vontionpnor  to  ease  99,  say  in  1878,  by  which  that  was 

1601  A.  I  do  not 

Q-  That  was  dono  in  ease  99  ? 

-A-  Yes,  sir  ;  in  ease  H. 

Q-  It  was  dono  in  ease  99,  wasn’t  it? 

A.  Yes,  enso  H  was  before  it 

ogQ.  You  understand  that  ease  H  was  invented  before  ease 

-A.  That  was  lay  understanding. 

Q-  Have  you  any  knowledge  upon  the  subject? 


A.  I  have  no  knowledge  further  than  tho  evidence  I  bavo  1602 
heard  and  wlmt  I  have  rend. 

Q.  All  you  know  is  what  you  got  from  tho  evidence? 

A.  Yes,  what  I  got  from  tho  evidence,  and  what  I  have 

Q.  Tho  means  by  which  that  was  carried  out  is  the 
a  „ci  ci  t  of  tho  batteries  so  that  there  are  two  sending 
instruments  and  two  receiving  instruments,  nro  thcro  not? 

A.  There  nro. 

Q.  Tho  receiving  instrument  being  placed  at  tho  distant 
stations,  while  tho  sending  instruments  aro  at  the  same  sta-  1503 
tion,  ns  shown  in  case  99  ? 

A.  In  ease  99. 

Q.  In  enso  II,  ono  receiving  instrument  is  placed  at  one 
station  and  ono  sending  instrument  at  that  snmo  station? 

A.  Yes. 

Q.  Aro  there  nny  means  shown  in  case  II  for  sending  two 
messages  in  tho  snmo  direction  practically? 

A.  For  nil  that  appears  to  tho  contrary,  tho  key  Kl  in 
enso  If  could  bo  placed  anywhere  on  tho  oireuitat  the  snmo 
station  wliero  key  IC  is.  1604 

Q.  Do  you  sco  anything  in  the  invention  shown  in  case 
H  by  which  it  could  bo  prncticnlly  worked  ns  diplex  in  dis¬ 
tinction  from  contrnplox? 

A.  I  do  not. 

Q.  So  far  ns  you  know,  tho  first  invention  of  this  kind, 
tho  arrnngomcnt  of  the  apparatus  by  which  two  messages 
could  bo  sent  in  the  same  direction,  ono  alwnys  by  reversnl 
nnd  tho  otbor  always  by  increase  and  decrease,  was  ccbo 
99? 

A.  Yea  1606 

Q.  Under  tho  lend  of  Mr.  Dickorson,  you  classified  tele¬ 
graphy  into  two  classes  automatic  and  eleotro-magnetio. 
■Wouldn’t  an  equally  nocurnte  division  be  to  divide  all  tele¬ 
graphy  into  simplex  and  multiplex? 

A.  I  classified  telogrnphy  into  eleotro-magnetio  and  elec, 
tro-chomieal. 

Q.  I  aslc  you  if  this  other  classification  could  not  be 
made  ? 


370 


371 


A.  It  could  bo  mndo;  yes,  sir;  simplex  and  multiples. 

Q.  Either  classification  would  include  both  automatic  and 
eleetro-mngnetic,  wouldn't  it? 

A.  Certainly. 

|  Q.  If  you  had  an  invention  that  was  described  in  these 
Iwords :  “  The  arrangement  of  the  batteries  arc,  two  receiving 
I  instruments  at  one  station  and  two  sending  instruments  it 
I  the  other,  one  of  the  receiving  and  ono  of  the  sending  inslru- 
menls  always  working  by  reversal,  and  thu  other  receiving 
nud  sending  instruments  always  working  by  inercaso  mill  tie 
crease."  In  which  of  the  classes  you  have  named  would 
snch  invention  bo  included,  in  the  automatic  system  or  in 
electro-magnetic  ? 

A.  Do  I  understand  you  to  moan  with  tho  transmitting 
keys  at  the  station  where  the  batteries  are  not? 

Q.  Ho,  sir;  with  tho  transmitting  keys  at  tho  station 
where  tho  batteries  aro. 


bo  mndo  to  work  in  that  general  way  and  como  under  the 
elcolre-chomical  or  under  the  eleetro-mngnotie. 

1608  r^'mt 's  to  say,  the  invention  which  I  have  described 
might  bo  either  the  oleotro-inagnotio  or  a  oliemical  one? 

A.  Yes,  sir. 

Q.  Wouldn’t  that  bo  a  correct  description  of  case  00  ? 

A.  I  should  sny  it  would  bo  if  it  was  a  satisfactorily 
•  working  instrument. 

'  Q.  How  would  you  classify  an  invention  of  this  kind: 
11  Transmitting  two  distinct  messages  over  ono  wire,  in  the 
same  direction,  at  tho  snmo  time,  one  operating  by  a  revorsal 
of  the  battery  current  and  the  other  by  increasing  or  do- 

1609  casing  the  current  from  tho  battery?" 

A.  It  is  classified  under  either  class. 

Q.  It  is  an  invention  applicable  to  both  classes  ;  isn't  it? 
\  A.  Providing  tho  elcotro-chcmical  receiver  can  be  made 
Jo  work  properly. 

I  Q.  Provided  you  can  do  it? 

'  A.  Yes. 

Q.  You  have  read  Schilling’s  book ;  lmvn’tyou? 

A.  1  curs  since,  but  not  recently. 

Q-  Do  you  remember  what  the  title  is  7 


A.  I  do  not.  1S10 

Q.  Isn’t  tho  title  of  it,  “  Electro-mngnotic  Telegraph?" 

A.  I  don’t  remember ;  it  lias  been  years  since  I  lrnvo  seen 

Q.  Did  you  over  see  tho  D’Arlincourt  relay  ? 

A.  I  liavo  looked  at  it  this  morning;  the  description  was 
not  sufiiciont  for  mo  to  understand  it  very  well,  further  than 
that  I  thought  it  was  a  polarised  relay. 

Q.  Do  you  know  what  it  is  cnpablo  of  doing? 

A.  I  do  not 

Q.  Do  you  remembor  what  Mr.  DTnfrevillo  testified  to  on  1611 
the  witness  stand  ? 

A.  I  don’t  remembor  what  ho  said. 

Q.  You  heard  him  on  tho  witness  stand  ? 

A.  Yes. 

Q.  You  rogard  Mr.  DTnfrevillo  ns  a  competent  olectri- 
oian ;  do  you  not  ? 

A.  Yos,  sir. 

Q.  If  ho  should  say  that  ho  lmd  dono  a  thing  you  would 
boliovo  him,  would  you  not  ? 

A.  I  am  not  sufficiently  well  acquainted  with  him  to  say  1512 
that. 

Q.  If  Mr.  DTnfrevillo  had  said  to  you  that  ho  had - 

The  Court;  I  think  it  is  an  imputation  upon  tho  witness 
to  pursue  that  inquiry  any  further.  Ho  has  not  been  im- 
poachcd  by  anybody,  so  far  ns  I  recollect. 

Q.  If  Mr.  DTnfrovillo  should  say  to  you  that  ho  had  soon 
tho  D’Arlincourt  relay  working  upon  260  miles  of  lino  at 
tho  rate  of  600  words  per  minuto,  would  you  boliovo  that  ?  16lg 

A.  I  should  like  to  see  it. 

Q.  Have  you  any  reason  to  bolievo  it  cannot  bo  done  ? 

A.  I  liavo  no  reason  to  know  that  it  can  of  my  own 
knowlodgo. 

Q.  Havo  you  any  reason  to  supposo  that  it  cannot  bo 
dono  ? 

A.  My  own  experience  would  lead  mo  to  doubt  it. 

Q.  With  what  ? 

A.  With  polarized  rolays  or  with  Morse  relays. 


14  Q.  Polarized  relays  generally  work  faster  than  Morse  re¬ 
lays? 

A.  I  should  say  generally  ;  I  was  reading  Du  Moncel 
this  morning  that  over  a  line  of  1,200  kilometres  lie  got 
seventy  letters  per  minute,  which  would  bo  about  fourteen 
words;  that  would  bo  a  line  COO  or  700  miles  in  length, 
and  fourtocn  words  I  should  not  consider  a  very  great  re- 

Q.  In  Exhibit  V  you  stated  that  the  limit  to  which  the 
chemical  receivers  could  bo  worked  would  bo  the  limit  of 

15  the  speed  of  the  electro-magnet  or  relay  ? 

A.  I  said  whoro  the  electro-magnet  was  usod  to  close  one 
chemical  receiver. 

Q.  But  if  the  electro-magnetic  rccoivcr  wore  placed  here 
(referring  to  the  diagram  on  tho  blackboard)  that  would  not 
bo  so,  would  it — from  X1  to  tho  letter  L  ? 

A.  No,  sir. 

Q.  It  would  bo  true  if  tho  ehomionl  receiver  wore  placed 
hero  in  tho  shunt  circuit  botween  X‘  and  Xs  ? 

A.  Its  speed  would  bo  somewhat  afleotcd,  but  it  would 
•6  not  bo  limited  to  tho  speod  of  tho  eleetro-magnot. 

Q.  IVhat  is  tho  amouut  or  work  whieli  the  olcotro-inn<'not 
ni  has  to  do? 

A.  To  start  from  rest  to  motion  and  to  come  to  l  est  again 
moving  tho  nrmnturo  and  its  lovor? 

Q.  Tho  nrmnturo  itself  has  to  move  ? 

A.  Yes,  sir. 

Q.  Thnt  is  what  it  has  to  do? 

A.  Yes,  sir. 

Q.  How  largo  should  that  armature  bo  made  ? 

A.  I  he  smaller  tho  armature  tho  greater  tho  rapidity  at- 
tamed;  1  don  t  know  how  small  it  might  bo  made. 

A  Ye^  “™atUr°  'V0UM  opon  and  closo  11  circuit? 

small  fDd  th°r0  'S  D0  reaS°n  Why  !t  sbouW  I10t  bo  m“do 

A.  Tho  smaller  it  can  bo  made  to  perform  its  work  the 
greater  rapidity  will  bo  attained. 

A.  No^iT InTverlw  ‘on  D’ArIincourt  rcIlld' ? 


Q,  You  stated  thnt  you  had  made  experiments  with  1618 
Morso  instruments.  I  suppose  those  woro  tho  Morso  instru¬ 
ments  that  wore  used  boforo  Stoarn’s  invention  came  into 
use? 

A.  They  woro  rolays  that  were  iu  uso  at  tho  timo  tho  ex¬ 
periments  I  refer  to  were  made. 

Q.  At  that  timo  there  was  no  systom  by  which  you  could 
send  messages  at  tho  rnto  of  more  than  120  words  per  min¬ 
ute,  chemical  or  automatic,  was  thore  ? 

A.  I  havo  soen  400  words  por  minuto  sent  in  1850, 1 
think,  chemically.  1510 

Q,  How  far? 

A.  From  Boston  to  New  York,  say,  and  perhaps  further 
to  tho  best  of  my  rooollootion. 

Q.  Thore  was  difficulty  in  keeping  that  up,  wasn’t  thore? 

A.  Not  that  I  am  aware  of. 

Q.  Did  that  systom  oomo  into  any  practical  uso  at  that 
time? 

A.  No. 

Q-  Why  ?  , 

A.  I  oould  not  tell  you.  It  was  not  bocause  tho  lino  was  1620 
not  capable  of  roooiving  and  rondoring  tho  transmission. 

Q.  You  don’t  know  ? 

A.  I  could  not  tell  you. 

Q.  If  you  bad  an  oleotro-magnot  wkiok  would  vibrato 
sufficiently  fast  to  give  you  120  words  per  minuto,  wouldn’t 
that  do  all  tho  work  thnt  was  required  of  any  electro-mag¬ 
net  up  to  1870  ? 

A.  So  far  as  I  am  aware. 

Q.  Of  Mr.  Wheatstone's  eleetro-magnot  it  is  stated  that 
tho  oxtromo  rapidity  with  which  that  oould  bo  worked  was  1g2X 
something  like  120  words  por  minuto.  That  is  practically 
all  thnt  can  be  sent,  isn't  it? 

A.  I  should  think  it  was.  _  , 

Q.  So  that  elootro-mngnet  will  do  all  that  is  required  of 
it,  won’t  it? 

A.  I  oould  not  answer  thnt. 

Q.  You  told  us  that  you  had  had  sent  something  liko  40 
words  on  tho  Morso  instrument. 

A.  I  said  that  I  had  seen  messages  sent  at  such  a  rato 


874 


1522  tlmt  from  tho  law  of  tho  invorso  square  of  the  distanco  I 
should  deduce  that  messages  could  bo  sent  at  the  rate  of  40 
words  ovor  a  lino  1,000  miles  in  length  which  offered  a  ro- 
sistnnee  of  ion  ohms  per  mile. 

Q.  On  what  instrument? 

A.  Au  ordinary  Morso  relay  not  oxceoding  two  inches 
in  longtli. 

Q.  You  stntod  that  you  calculated,  from  that,  that  you 
could  send  120  words  automatic  ovor  1,000  miles  of  wire? 

A.  I  didn’t  say  that  I  calculated  from  that,  but  from  Jala 
1528  which  Mr.  Johnson  and  Mr.  Little  and  others  gave  moj 
and,  from  my  own  experience  on  tho  automatic  lino,  1  in¬ 
ferred  that  tho  speed  of  tho  chemical  transmission  would  bo 
four  times  the  speed  of  tho  Morso. 

Q.  That  would  be  100  words  ? 

A.  Yes. 


Q.  Do  you  know  any  lino  where  thoy  sond  100  words 
per  minuto  ohomionl  1,000  miles  long  ? 

A.  I  don’t  know  whore  they  are  sonding  nny,  except  I 

havo  scon  it  in  tho  A.  and  P.  dlUoe. 

1024  Q.  Olio  thousand  miles? 

A.  No,  sirj  I  have  novor  soon  thorn  sond  ovor  1,000 
milos;  I  havo  no  doubt  that  ICO  words  por  minuto  could 
bo  sent  ovor  a  No.  5  wiro  1,000  milos  long. 

Q.  Practically,  ns  a  matter  of  business  ? 

A.  I  don’t  know  how  it  would  bo  as  a  mnttor  of  business, 
prnctionlly.  ’ 


,  ,.°.u  rcr[!rro(3 10  tho  Edison  maguot,  which  is  usod  for 
neutralizing  tho  static  discharge. 

'  £  I  d0“’t  think  I  referred  to  tho  Edison  magnet. 

1525  Q-  You  referred  to  a  magnet. 

A.  I  referred  to  an  induction  coil. 

Q.  With  a  magnet  in  it? 

A.  With  a  core. 

AT  iSiiSr  “  “*  “  “ 

A.  Ididn'trcfer  to  it  ns  being  placed  in  a  shunt  circuit. 
Q.  You  said  with  an  induotion  coil  ? 

A.  Placed  in  a  primary  circuit. 

Q-  It  had  been  used  for  the  purpose  of  neutralizing  tho 


static  discharge,  ns  well  ns  what  is  called  tho  “Stearns  Con-  1526 
denser?" 

A.  Usod  in  a  branch  circuit. 

Q.  And  tlioso  aro  the  only  two  methods? 

A.  Except  soino  moolianical  mothods  which  I  have  soon, 
and  which  I  havo  also  dovised  mysolf. 

Q.  Look  at  tho  drawing,  ease  112,  and  tell  me  if  the  mag¬ 
net  which  is  marked  U  docs  not  porform  that  same  function  ? 

A.  This  would  nppcnr  to  be,  from  their  cursory  exami¬ 
nation,  placed  tlicro  to  neutralize  tho  efl'cct  of  tho  static 
charge.  1527 

Q.  It  is  intended  to  remedy  tho  same  difficulty  which  the 
Stearns  condenser  was  intended  to  remedy  ? 

A.  Yes,  sir. 

Q.  You  aro  familiar  with  system  l 

A.  Automatic? 

Q.  Yes. 

A.  Not  very. 

Q.  You  know  what  it  is? 

A.  I  know  about  what  it  is. 

Q.  That  is  an  automatic^ system  |  isn’t  it?  1528 

A.  Yes. 

Q.  Eleotro-mngnetio  ? 

A.  Yes. 

Q.  It  could  not  bo  classified  therefore  in  oitlior  ono  of 
tho  two  classes  which  you  lmvo  given  ? 

A.  I  should  classify  it  as  elcetro-magnetic. 

Q,  It  is  automatic  too,  isn’t  it? 

A.  It  is  automatic ;  yes. 

Q.  Thon  it  could  not  be  classed  in  oithor  or  tho  two  classes 
you  havo  named  to  tho  oxolusionof  the  other;  could  it?  1529 

A.  Perhaps  wo  don't  oxnctl.y  understand  each  othor.  My 
classification  was  electro-magnetic  and  electro-chemical. 

Q.  If  you  had  enso  09  set  up  as  n  quadruplex  from  hero 
to  Philadelphia,  would  you  need  any  condensor  at  all? 

A.  Prom  my  experience,  I  should  think  not. 

Q.  Would  you  need  anything  in  order  to  mnko  enso  99a 
quadruplex,  working  practically  between  hero  and  Philadel¬ 
phia,  oxccpt  that  which  was  old  and  well  known  prior  to 
1870,  oxcopt  of  course,  what  is  shown  in  the  case  itself  ? 


1580  A.  I  should  think  it  would  bo  made  to  work  in 
measure. 

Q.  Practically  and  beneficially  ? 

A.  Practically  and  beneficially. 

Q.  In  order  to  work  99  over  long  circuits  as  a  diples 
you  would  have  to  have  a  condensex  or  something  as  a  sub 
stitutc  for  it  ? 

A.  As  a  diplcx  simplv? 

Q.  Yes. 

A.  I  should  think  not 

1681  Q.  Over  long  circuits  you  have  to  have  a  continuous  wire. 
In  working  diplcx,  would  not  tho  same  trouble  be  oncount- 
orctl — the  effect  of  the  static  discharge  ? 

A.  Tho  static  discharge  gives  tho  trouble  at  tho  transmit¬ 
ting  end. 

Q.  Is  tlioro  not  the  same  trouble  from  reversing  tho  cur¬ 
rents  in  tho  neutral  relay? 

A.  Yes,  sir ;  there  is  trouble  from  tho  reversal  of  the  cur¬ 
rent  at  tho  receiving  instrument,  wherovor  it  is. 

Q.  Jfr.  Edison  proposed  to  remedy  that  by  tho  butt 

1682  trap?  0 

A.  Yes. 

Q-  Would  that  remedy  it  on  n  very  long  circuit  without 
the  uso  of  a  condenser? 

A.  1  rom  my  experience  I  could  not  say. 

Q-  Is  the  patent  to  you  for  duplex  transmitters  expired  ? 

A.  Ithnsnot 

Q-  When  will  it  expire  ? 

A.  It  was  granted  in  1868. 

Q.  A  fourteen-year  patent  ? 

1638  A.  It  has  boon  extended  for  seven  years. 

tv  loa  Thto  ?  aV°  SP°k0n  Ub°Ut  a  lonS  lino ;  wlmt  do  you  call 

A.  400  miles,  say. 

Q  Inside  of  400  miles,  or  inside  800  miles,  there  is  not 
much  troublo  from  tho  static  discharge ;  is  there  ? 
menis.11  W°Uld  d°pend  upon  tLe  (,clioa°y  °f  «>°  ™tru- 

unon  J°U  T1?  ,mak°  illBtrumenta  that  would  work  well 
upon  a  circuit  of  that  length? 


A.  I  presume  tboy  might  be  made ;  my  recollection  is  1684 
that  the  Steam's  duplex  would  work  without  n  condenser. 

Q.  You  no  not  know  that  the  translation  which  has  been 
is  correct ;  do  you  ? 

A.  No,  sir;  I  do  not;  I  think  it  is  substantially  correct 

(It  is  admitted  that  tho  translation  read  is  correct,  sub¬ 
stantially.)  ’ 

lie-direct  by  Mr.  Dickerson.  les6 

Q.  Have  you  that  book  called  the  omnibus  bill  tlioro  ? 

A.  Yea 

Q.  Now,  sir,  leaving  tho  drawing  nnd  going  to  tho  text 
--  onso  P«g“  176  of  tho  book,  nnd  pngo  7  of  tho  defen¬ 
dants’ oxhibits,  I  rend,  “Tho  invention  has  for  its  object  tho 
simultaneous  transmission  of  two  different  despatches  or  sig¬ 
nals  ovor  tho  same  lino  wire  from  opposite  directions,  or  in 
tho  sa.no  direction.”  I  nlso  call  your  attention  to  the  para¬ 
graph  at  tile  84th  folio,  commencing  witli  the  words,  “Tito 
relay  A  B  may  also  bo  placed  at  a  number  ofstntions,  oto.’’  1530 
Inking  those  two  statements  together,  will  you  toll  us  what 

Hint  conveys  to  your  mind  ?  • 

A.  Thu  possibility  of  further  invention ;  tho  key  IC‘ 
could  bo  placed  at  a  number  of  stations  in  tho  circuit;  tho 
poinrisiod  relny  could  bo  placed  at  a  number  of  stations  in 
the  circuit;  it  tho  magnet  A  B  bo  altered  ns  suggested  in 
this  paragraph,  and  bug  traps  provided  and  added  to  it  to 
provont  a  mutilation  of  tho  signals,  by  changing  the  polarity, 
it  could  also  bo  placed  at  other  stations ;  if  placed  at  other 
stations,  nnd  thus  modified  and  another  koy  IC>  placed  at  tiio  ,-07 
same  station  with  tho  koy  IC— if  tho  thing  wore  thus  in-  1037 
stalled  two  messages  could  bo  sout  from  ouo  station  and  re¬ 
ceived  at  the  other  station. 

Q.  Wlmt  is  tho  ohnraetor,  as  you  understand  it,  of  tho 
devices  applied  to  provont  mutilation  as  they  are  stated— 
what  is  tho  effect  of  those  doviees? 

A.  They  are  dcvicos  to  prevent  the  sudden  retraction  of 
the  armature  when  the  direction  of  the  current  is  rovoi’sed. 

Q.  With  those  descriptions  and  suggestions  does  case  H 
become  diplcx? 


1538  A.  That  thing  would  become  diplex  then;  I  didn’t  havo 
that  in  mind  when  I  gave  my  answer  before ;  I  bad  forgot¬ 
ten  all  about  tho  text? 

Q.  Do  you  now  wish  to  modify  your  answer  after  read¬ 
ing  the  text? 

A.  I  would  thus  modify  it,  that  if  the  olinnges  suggested 
wore  made,  and  tbo  necessary  bug  traps  added,  tho  inven¬ 
tion  could  work  ns  a  diplex. 

Q.  Is  there  any  way  known  to  you  by  which  an  electro¬ 
magnetic  receiver  can  be  worked  in  tbo  delivery  of  a  set 
1689  of  signnls  ns  a  chemical  roeeivor? 

A.  Not  known  to  mo  experimentally. 

Q.  Is  there  any  known  to  you  by  any  information  that 
you  have? 

A.  No  further  than  Mr.  D'Infrovillo’s  testimony. 

Q.  SupposoMr.  D'Infrovilloto  havo  stated  that  an  electro¬ 
magnetic  rccoivor  could  tnko  600  words  say  from  Boston  to 
Now  York  to  be  truo,  is  your  opinion  modified  in  respect  to 
tbo  difloronoo  botween  tbo  capacity  of  chemical  paper  re¬ 
ceiving  signnls  and  an  electromagnet? 

1510  A.  I  should  say  not. 


Q.  I  understand  you  to  say  that  by  tho  addition  of  certain 
improvements  to  case  H  it  could  bo  diploxed  ? 

A.  Tho  improvements  specified  in  tho  specifications. 

Q.  Are  there  any  improvements  specified  in  tho  specifi¬ 
cations  by  which  it  could  bo  dono  ? 

A.  Perhaps  I  should  sny  that  tho  specifications  indicate 
1541  °^n,1°03  ,t'mt  lniS'lt  bo  made,  and  tho  doviccs  .which  would 
be  applied  in  following  out  that  suggestion  wero  well 
known.  This  form  of  bug  trnp  is  tho  result  of  what  was 
well  known. 

Q.  At  that  time? 

A.  It  was  known  to  me,  I  think  pretty  well  known  to 
tho  world. 

Q.  For  that  purpose  ? 

A.  For  a  similar  purpose. 

Q.  "Whore  was  it  used  ? 


A.  I  do  not  say  it  was  used  excopt  in  my  laboratory.  I  do  1542 
not  say  it  was  even  woll  known.  It  was  known  to  me. 

Q.  Was  it  known  to  tho  public? 

A.  It  was  known  to  me.  I  cannot  say  whether  it  had 
conio  to  tho  public  notieo  extensively  or  not. 

Q.  Do  you  know  of  any  well  known  device  by  which  caso 
II  could  bo  worked  both  ways  at  tho  time  it  was  invented? 

A.  I  do  not  know  of  anything  about  tho  time  it  was  in¬ 
vented. 

Q.  Say  at  tho  date  of  tho  application,  March,  1873  ? 

A.  I  should  want  time  to  look  it  up  boforo  I  answerod  1643 
definitely.  I  should  think  similar  bug  traps  appeared  in 
some  of  those  onrlicr  duploxes. 

Q.  You  cannot  state  any  ? 

A.  I  could  not  state  without  fhrthor  investigation. 

Q.  You  cannot  stato  that  thoro  wero  any  othor  woll 
known  dovicos  ? 

A.  I  should  prefer  moro  timo  to  investigate  that  question 
bolbro  nnsworing  it. 

Q.  Aro  thoro  any  dovicos  which  you  can  now  think  of 
which  wero  well  known  in  March,  1878,  by  which  eaao  H  1644 
could  bo  diploxod  ns  a  practical  and  working  sucouss? 

A.  I  do  not  call  them  to  mind  at  this  moment, 

Q,  Nono  that  you  can  now  romombor. 

A.  I  do  not  think  of  any  at  this  moment. 

Q.  By  tho  help  of  tho  improvomonts  shown  in  case  99  it 
can  bo  so  dono  ? 

As  Yes,  sir. 

Q.  Do  you  know  of  any  automatic  system  wlioro  thoy 
prnoticnlly  sond  moro  than  500  words  por  minuto  as  a  prac¬ 
tical  business  matter  ?  1545 

A.  I  do  do  not  know  of  any  whore  thoy  sond  it  practi¬ 
cally  ;  no,  sir. 

Q.  So  that  if  you  had  an  electro-magnet  which  would  vi¬ 
brato  sufficiently  fust  to  send  500  words  a  minuto  botwoen 
hero  and  Boston,  while  it  would  not  work  as  fast  as  auto¬ 
matic  can  theoretically,  it  would  work  as  fast  as  it  will  prac¬ 
tically  ? 

A.  From  my  own  knowledge  I  would  not  liko  to  say  how 
fast  it  will  work. 


1546  Re-direct. 


Q.  At  tlio  clnto  of  tho  amended  application  of  caso  H 
March  18, 1876,  and  at  tho  date  of  tho  patent,  namely,  April 
27,  1875,  were  there  any  well  known  devices  in  public  use 
that  would  answer  the  description  of  that  patent  beginning 
with  tho  words  “  The  relay  A  B  could  be  placed  at  a  num¬ 
ber  of  stations,  etc."  Do  you  remember  when  the  quadra- 
plex  worked  to  Boston.  Have  you  a  memory  of  that? 

A.  Only  ns  stated  there. 

Q.  Didn’t  you  see  it  worked  to  Boston  then  ? 

A.  I  could  not  tell  from  my  memory  when  I  saw  it. 

Q.  Can  you  remember  whether  you  saw  that  quadruples 
working  prior  to  April,  1875  ? 

A.  I  should  think  that  I  saw  it,  yes,  sir. 

Q.  Assuming  it  to  bo  worked  in  Boston  in  October,  1874, 
and  from  that  out,  tbon  tho  question  I  ask  is  whether  tho 
doviccs  specified  in  cnscH,  under  tho  titlo  that  Ihavo  read, 
wore  not  in  publio  use  at  tho  time  the  application  under 
w  noli  that  patent  was  taken  out  was  made,  and  tho  timo 
when  tho  patent  was  granted  ? 

1548  A.  Yes,  of  courso. 


in  any  bettor  position  from  having  taken  titlo  through  Mr.  1650 
Mills,  than  if  wo  had  taken  titlo  direct  from  Mr.  Gould,  as 
Mr.  Edison’s  attorney.  But  we  do  claim,  that  at  tho  timo 
of  tho  conveyanee  to  Mr.  Mills,  which  is  tho  lltli  of  January, 

1875,  we  had  no  notieo  of  any  claim  of  tho  Westorn  Union 
Company,  and  wo  bought  tho  inventions  in  good  faith,  and 
paid  $30,000  for  them. 

Mr.  Lowrey:  I  think  then  wo  understand  each  other 
rightly.  Tho  genornl  claim  of  tho  plaintiff  is,  that  ho  is  n 
Iona  fide  purchaser  without  notieo.  That  claim  wo'  are  1551 
contesting  here.  That  I  understand  to  bo  a  fair  concession 
of  tho  point,  and  relieves  us  of  tho  necessity  of  calling  a 
witness. 

The  Court :  Tlmt  should  appear  on  tho  record,  or  olso  it 
should  appear  ns  suggested  by  Mr.  Lowrey,  that  Mr.  Mills 
took  tho  titlo  at  tho  instance  of  tho  plaintiffs,  and  took  it 
for  their  bonofit,  which  amounts  to  the  sumo  thing. 

Mr.  Lowrey:  That  I  believod  to  bo  tho  fact  1552 


Re-cross. 

a  d°vi00S  'v,liob  y°u  *m»  into  use  botwoe 

April,  1878,  and  October,  1875,  wero  Mr.  Edison’s  hive 
tionp,  wore  they  not? 

A.  I  cannot  say. 

Q.  You  do  not  know  but  what  they  wero? 

A.  I  do  not  know  but  what  tlioy  wore. 

(Recess.) 

19  " 

After  Recess. 

i n iHn 1  record' t"  ^  ^  ™  a  question  this  morr 

‘  ng  d  •  0Ur,°lnim  wllio11 1  ™  very  happy  to  an 
ioot  mot?  °r “t'v  'S  ‘ 1,8 1  Tho  P]aintifl'  purchased  tho  sul 
of  tho  Wn  t  ir  °On^70rBy  wM»ut  notieo  of  the  elain 
for  o  vl,  m  Ul’T  TelograPh  Company,  tho  defer  la  I 
for  a  valuable  oons.doration.  Wo  do  not  claim  that  wo  an 


Mr.  Wheeler :  My  loarnod  friend  Bpoko  about  putting  an 
admission  of  that  kind  on  tho  record.  Wo  found  a  diffi¬ 
culty  in  framing  an  admission  so  ns  not  to  make  it  too  broad ; 
and  we,  therefore,  told  him  that  wo  did  not  fool  ablo  to  put 
such  nn  admission  into  shnpo.  Wo  aro  porfootly  frank  to 
state  our  claim,  which  wo  hnvc  done. 

Mr.  Lowrey :  I  considor  it  sufficient  You  do  not  claim 
you  aro  innocent  with  a  good  titlo  bccauso  that  soller  had 


Mr.  Wheeler:  Thore  is  one  word  more ;  anything  1  liavo 
said  on  that  subject  relates  to  tho  titlo  which  wo.  got  through 
Edison  and  not  through  Harrington.  The  title  wo  got  from 
Harrington  did  not  oomo  through  Mills. 

Gerritt  Smith,  boing  reoallod  by  Mr.  Diokorson,  tostifiod 
ns  follows : 


882 


1554  Q.  Dow  nro  tho  diploxes  used  by  the  Western  Union 
Company  quadruplex  ? 

A.  In  the  majority  of  oases  the  differential  system  is 
used. 

Q.  Look  at  pago  852  of  Prescott's  book? 

A.  That  is  the  differential  method. 

Q.  That  is  tho  manner  in  which  it  is  done? 

A.  Yes,  sir. 

Q,  Can  tho  quadruplex  be  worked  to  Philadelphia  with¬ 
out  tho  uso  of  the  condenser,  so  far  as  you  know  by  expo- 
1655  ricnco? 

A.  My  oxperioneo  is  that  thoy  cannot. 

Q.  Even  to  that  distaneo? 

A.  The  largest  circuit  that  wo  arcnblc  to  work  practically 
without  a  condonsor  is  50  miles. 

Q.  That  is  the  longest  you  can  work  without  a  con¬ 
denser  ? 

A.  Yes,  sir. 

Oross-examimtion  by  Mr.  Hodgos : 

1666  Q.  What  quadruplex  is  it  which  you  bnvo  tried  to  work 
to  Philadelphia  and  oannot  work  without  a  oondensor  ? 

A.  Tho  arrangement  of  batteries  as  doseribod  in  ease 
09. 

Q.  How  about  tho  other  devices  which  nro  shown  in  case 
99? 

A  There  is  that  part  of  tho  dovioes  whiolt  would  be  hko- 
ly  to  bo  most  susooptiblo  to  tho  dofeot  of  tho  static  balance. 

Q.  Aro  tho  devices  all  ns  thoy  aro  in  case  99  ? 

A.  No,  sir. 

BD  ‘  Q.  What  changes  nro  thoro  ? 

A.  Wo  aro  using  in  tho  place  of  tho  neutral  relay  n  polar¬ 
ized  rolny. 

Q.  Tho  neutral  relay  is  w’nero  tho  troublo  of  tho  kick 
occurs  ? 

A.  No,  sir. 

Q.  Tho  neutral  rolay  in  ease  99  is  where  the  trouble  from 
the  kick  would  occur,  is  it  not? 

A.  You  aro  speaking  of  tho  reeoiving  end  ? 


1059 


Q.  Yes ;  tho  noutral  relay  is  at  tho  receiving  end  ?  1568 

A.  Yes,  sir. 

Q.  You  lin vo  not  used  that  rolay  in  a  quadruplex  from 
horo  to  Philadelphia,  as  shown  in  case  99  ? 

A.  I  don't  think  wo  have,  sir. 

Q.  Nor  with  that  bug  trap  ? 

A.  Not  between  New  York  and  Philadelphia. 

Q.  Or  any  other  circuit  of  that  distance? 

A.  No,  sir. 

Q.  Or  loss  than  that? 

A.  Wo  uso  it  on  circuits  of  greater  distance. 

Q.  Of  that  distaneo,  or  loss  tlinn  that? 

A.  Not  to  my  knowledge. 

Q.  Then  you  nro  not  prepared  to  state,  from  experimental 
knowledge,  that  that  rolny  nnd  that  bug  trap  used  in  a  qua¬ 
druple.*  would  show  any  difficulty  with  tho  kick  on  n  cir¬ 
cuit  of  100  miles  or  less  ? 

A.  I  think  thnt  it  would  not. 

Q.  You  think  it  would  not  show  any  difficulty? 

A.  No,  sir. 

Q.  In  a  circuit  from  horo  to  Philadelphia  ?  1660 

A.  Yes,  sir ;  that  is  ns  I  understood  you. 

Q.  You  testified  hero  nt  one  time  that  you  put  tho  qua¬ 
druplex  into  practical  operation  on  tho  Western  Union 
linos  in  1874  ? 

A.  Yes,  sir. 

.  Q.  Did  Mr. .  Prescott  givo  any  direction  m  regard  to 
that? 

A.  Ho  did. 

CJ.  Ho  superintended  tho  practical  work  of  putting  it 
up?  ,  ^ 

A.  Ho  gave  directions  in  regard  to  tho  preparation  and 
nvrnngcmont  nnd  accommodation  of  tho  apparatus  and  bat 

Q.  Thoro  is  one  of  your  answers  given  on  your  former 
examination  which,  I  think,  did  not  quite  correctly  express 
your  idea.  It  is  on  the  record  that  you  said  it  was  necessary 
to  uso  in  diplexing  caso  99,  tho  differential  system,  the 
Wheatstone  balance  or  bridge  system  and  tho  condenser; 


384  I 

1662 did  y°u  mean  t0  sl*y  !t  was  ncccssary  t0  uso  a11  tliree  of  • 

those? 

A.  I  think,  sir,  my  answer  on  that  point  was  given  in  re¬ 
ply  to  the  question  what  was  necessary  to  quadruples  and 
not  to  diplox. 

Q.  Well,  quadruples ;  is  it  necessary  to  uso  all  three  of 
those? 

A.  Will  you  put  your  question  now,  plcaso  ? 

Q.  Did  you  mean  to  say  that  in  order  to  quadruples  caso 
99,  to  make  a  quadruples  of  it,  it  would  ho  necessary  to  use 
15u3  both  the  Whcnlstono  bridgo  and  the  differential  system  of 
duplosing? 

A.  I  think  I  snid  that  either  of  them - 

The  Court:  Not  what  you  said  before.  You  are  asked 
tho  question  now  ? 

A.  It  would  not  bo  necessary  to  uso  both  ;  yot  thoy 
could  bu  used. 

■  Q.  Then  idl  that  would  bo  necessary  to  bo  used  would 
bo  tho  Wheastono  bridgo  and  the  Steam  condenser? 

A.  Yes,  sir. 

1664  Q'  Alld  tllG  Wheatstone  bridgo  has  been  used  for  similar 
purposes  a  good  many  years  ago ;  lias  it  not? 

A.  It  has  been  used  for  tho  purpose  of  electrical  measure- 

Q.  Has  is  not  been  used  for  quadrupling  tho  Morso 
system? 

A.  Not  that  I  am  aware  of. 

Q.  Did  you  ovor  hoar  of  Maron’s  invention? 

A.  I  have. 

Q.  What  date  was  that? 

A.  I  could  not  toll  you,  sir. 

1666  Q.  As  far  back  as  1865,  wns  it  not? 

A.  I  don’t  know,  sir ;  I  couldn't  say. 

Q.  Do  you  know  whether  that  invention  used  tho  Wheat- 
stono  bridgo  for  tho  purpose  of  contrnploxing  tho  Morso 
system — sending  two  messsnges  in  different  directions  ? 

A.  My  impression  is  that  he  did. 

Q.  You  don't  know  how  fur  back  that  is  ? 


Q.  You  don’t  know,'  but  it  was  prior  to  1870  ?  1666 

A.  I  can’t  say.  , 

Q.  Then,  the  only  new  thing  which  you  mean  to  say 
positively,  must  bo  used  to  contraplox  caso  99 ;  that  is  to 
make  a  qundruplex  of  it,  would  bo  to  add  a  Stearns'  con¬ 
denser  or  some  substitute  for  it? 

A.  As  I  have  said,  on  a  circuit  of  certain  extent  is  whore 
the  condenser  becomes  necessary. 

Q.  Is  or  is  not  that  the  only  now  thing  that  would  oo 
necessary  ? 

•  A.  I  cannot  say  ns  to  that. 

Q.  Then,  you  don’t  mean  to  say  that  any  otlior  thing  1567 
would  bo  necessary? 

A.  I  mean  to  say  that  the  condenser  becomes  one  ot  the 
essential  parts.  . 

Q.  That  or  somo  equivalent  of  it? 

Q.’  That  is  all  you  mean  to  say  is  necessary  ? 

A.  Supposing  wo  understood  what  other  apparatus  is 
used  besides  tho  condenser  j  I  don’t  know  of  anything  else 
that  would  bo  necessary. 

Q.  Tho  Stearns  condonsor  is  ns  old  ns  lai-i 
A.  Its  application  to  tlio  duplex  I  believe  is.  1668 

Q.  And  tho  Edison  niagnot  is  somotimes  nsed  for  tlio 
saino  purposo,  is  it  not.  ,  , 

A.  lam  not  famllliar  enough  with  tlio  magnet  of  which 

5  O.  Then  you  don’t  know  but  what  tho  Edison  magnet 
would  servo  tho  snmo  purposo  ns  tho  Stearns  condenser  i 
A.  I  don’t  know  of  tho  Edison  niagnot. 

Q.  You  are  not  prepared  to  stnto  that  it  would  uotl 
A.  No,  sir. 

Iic-ilircct  by  Mr.  Dickerson :  1660 

Q.  Do  you  know  any  such  thing  as  a  Edison  magnet  in 
tho  art  of  electricity  1 

A.  No,  sir.  •  . , 

Q.  When  did  yon  first  hoar  that  expression  used  T 
A.  In  tho  court  room  hero  this  morning. 

Q.  Don’t  you  uso  in  your  quadruples  both  tho  bridge 


49 


You  uso  tliom  together  1 

Yes  sir:  wliat  is  termed itlio  combination. 

The 'combination  of  the  bridge  and  tho  differential  in 
lame  quadruples  1 

'  You' were  asked  about  Mr.  Prescott’s  directions  and 
II  Is  one  of  Mr.  Trcscottfs  patented  inventions  used 
,is  quadruples  of  the  AVestcrn  Union  Company  7 


1571  George  M.  Fhcljis,  Jr.,  being  recalled  by  Mr.  Lowroy,  tos- ' 
tided  as  follows: 

Q.  Referring  you  to  your  first  answer,  whan  you  wo™ 
last  on  tho  stand,  and  to  your  reference  to  a  charge  ol  S  O-, 
under  dato  of  August  20th,  I  ask  you  now  to  point  out  in 
tho  book  that  entry  1 
A.  It  is  hero  on  pngo  040. 

Q.  Please  read  it  ? 

A.  “  One  differential  relay,  three  duplex  transmitters, 
two  rolays  braoketed.  Edison,  Miller — W.  H.,  August 
1B72  20,  aggregating  $102.”  .  . 

Q.  Do  you  wish  to  ninko.  any  explanation  inspect  to 

its  being  found  there  instead  of  being,  in  its  order  in  tho 
book  ? 

A.  Yes  sir;  tho  order:  for  those  instruments  was  l'io- 
duced  hero ;  tho  paper  was  marked  borrowed ;  tho  whole 
circumstance  returned  to  my  unhid  since  j  they  were  bor¬ 
rowed  and  expected  to  bo  returned ;  not  being  returned 
four  or  ilvo  months  later,  I  inquired  of  tho  proper  parties 
what  disposition  should  .be  made,  of  the  mutter,  and  wo 
wore  instructed  to  charge  them  up,  ns  they  wero  not  io- 
1678  turned!  I  held  in  tho  meantime  a  slip  to  represent  tins 
entry. 

Cross-examination  by  Mr.  Whoolor  : 

Q.  You  say  you  inquired  of  tho  propor  pnrtios  J  whom 
do  you  menu  by  that!' 

A.  Somo  ouo  at  the  general -office,  I  don’t  remember  at 
this  moment- 


Q.  You  don’t  know  of  your  own  knowledge  that  those  1674 
were  not  returned  1 

A  I  know  they  wero  not  returned  to  tho  factory. 

Q.  ’toll  don’t  know  that  they  wore  not  roturned  to  tho 
supply  department,  of  your  own  knowledge  ? 

A.  No,  sir.  .  ,  ,  . 

Q.  AVhnt  is  tho  dato  wlioro  that  is  entered  in  tho  book  i 
A.  January  31st,  1874. 

(J  The  dato  of  tho  memorandum  is  August  20th,  1873 1 
A.  Yes,  sir.  ,  .  .  ,, 

Q.  Do  you  know  whether  that  memorandum  is  m  Mr. 
Minor's  handwriting  ?  1575 

A.  1  do  not. 

(There  boing  no  more  witnesses  in  attendance  on  behalf 
of  tho  defendant,  tho  Court  instructed  tho  plaintiff’s  conn- 
sol  to  proceed  with  tho  rebuttal.) 

'  Qeorge  B.  Prescott  reoallod  for  further  cross-examination : 

By  Mr.  Butler : 

Q  You  tostifted  on  your  examination  in  chief  that  ho-  1576 
tween  tho  16th  and  20th  of  July,  1876,  you  went  to ,  Mr. 
Sorrell’s  office,  and  had  a  consultation  with  him  about  tho 
effect  of  these  instruments  to  Harrington  and  Edison. 

Will  you  state  that  conversation  as  you  remombor  ltf 

(Objected  to  on  tho  ground  that  the  cross-examination 
has  been  closed,  except  as  to  tho  matter  about  which  ho  was 
interrogated  yesterday,  and  that  he  was  produced  this 
morning  for  tho  purpose  of  cross-examination  m  that  re¬ 
gard,  and  this  is  now  matter  which  is  sought  to  bo  intro- 
duccd.  Question  allowed.) 

Q.  State  what  is  tho  first  .thing  you  remember  on  that  oo- 
casion.  Give  us  a  statement  of  all  that  you  remember  took 

P' T  i' recollect  having  somo  conversation  with  Mr.  Sor¬ 
rell  in  the  month  of  January,  1876,  in  which  some  allusion 
was  made. 

Q.  State  what  was  said. 


1578 


1579 


1581 


A.  I  cannot  recollect  anything  about  what  was  said.  X 
have  an  indistinct  recollection  that  something  wns  said  in 
relation  to  ilio  Harrington  claim  of  thoso  duplex  inventions 
in  controversy. 

Q.  \\Thnt  was  said  by  you  or  by  him  ? 

A.  My  recollection  is  very  dim  about  it,  but  so  far  as  it 
goes,  I  should  say  that  Mr.  Sorrell  showed  me  a  copy  of  the 
agreement  and  said  that  thoy  made  claim  on  the  dupioxlhst 
telegraph  or  automatic  fast  telograph. 

Q.  Did  you  look  at  that  copy  ? 

A.  I  should  presume  so  if  ho  showed  it  to  mo.  My  re¬ 
collection  is  not  very  good  about  it. 

Q.  Have  you  ns  much  recollection  of  looking  at  tho  copy 
as  you  liavo  of  its  being  presented  ? 

A.  I  should  think  so,  about  ns  muoli  of  ono  as  tho 

Q.  How,  do  you  remember  any  answer  that  you  inadci 
or  whother  you  mndo  any  or  not  V 

A.  My  impression  is,  I  said,  11  That  refers  to  nothing 
about  duplex ;  that  simply  refers  to  automatic." 

Q.  Did  you  go  there  to  consult  Mr.  Sorrell  on  that  ques¬ 
tion? 

A.  No,  sir ;  I  didn’t  go  to  consult  him  on  that  question. 

Q.  Have  you  any  romembrauco  of  the  purpose  for  which 
you  went  there? 

A.  I  think  I  wont  onco  in  January  to  consult  him  about 
tho  rc-issuo  of  tho  Steam’s  patent. 

Q.  X  mean  on  this  occasion,  I  don't  care  about  any  other 
time. 

A.  I  cannot  fix  the  timo  in  rcferonco  to  that. 

Q.  You  fix  tho  occasion,  can’t  you  fix  tho  timo  with  accu¬ 
racy? 

A.  I  think  it  occurred  sometime  in  an  interview  that  I 
had  witli  him  during  the  latter  part  of  January. 

Q.  I  understood  you  to  say  that  it  was  between  tho  loth 
and  20th  of  January  that  you  went  to  his  office  ? 

A.  I  may  have  said  about  the  16th  or  20th  of  January ; 
I  have  no  means  of  fixing  tho  date  exactly. 

Q.  You  did  fix  it  at  that  date.  Keeping  iu  your  mind 


that  occasion,  did  you  go  there  to  consult  Mr.  Sorrell  in  re-  1682 
lotion  to  tho  agreements? 

A.  No,  sir ;  I  never  went  there  for  tho  purpose  of  con¬ 
sulting  about  tlio  agreement  on  any  occasion. 

A.  No,  sir. 

Q.  Were  you  present  the  night  of  the  9th  of  July,  187*1, 
when  tho  Times  nrticlo  wns  propared  by  the  reporter  ? 

A.  I  don't  remember  any  preparation  of  the  Times 
nrticlo ;  I  have  a  recollection  of  a  reportor  coming  into  my 
experimental  room  and  witnessing  an  exhibition  of  tho  1588 
qundruplox,  but  I  don’t  remembor  his  writing  any  article. 

Q.  Wasn’t  it  rend  to  you? 

A.  It  may  have  been. 

Q.  Don’t  you  know  that  it  wns? 

A.  I  have  no  distinct  recollection ;  I  think  very  likely  it 

Q.  Did  you  not  yourself  mako  alterations  in  it  or  direct 
alterations  to  bo  mado? 

A.  I  havo  no  recollection  of  doing  so. 

Q.  Lot  mo  call  your  miud  to  tho  alteration ;  whon  writ-  1581 
ton,  didn't  it  say  tho  invention  of  Edison  and  Prescott,  and 
didn’t  you  alter  it  so  as  to  mako  it  read  the  invention  of 
Prescott  and  Edison  ? 

A.  I  have  no  recollection  whatever  about  it. 

Q.  You  don’t  moan  to  say  it  was  not  so? 

A.  I  don't  mean  to  say  it  w.is  or  was  not?  I  havo  no 
recollection  at  all  about  tho  ciroumstanco ;  I  think  I  should 
remember  it  if  it  had  been  so. 

Q.  You  wore  asked  about  an  interview  iu  whioh  you 
went  into  tho  room  and-fouud  Mr.  Edison  seated  on  tho  1585 
sofa  and  Mr.  Orton  sitting  with  him.  Whero  was  that? 

A.  I  didn’t  say  Mr.  Orton  was  sitting  with  him ;  ho  wns 
sitting  iu  his  own  chair,  and  Mr.  Edison  was  sitting  on  tho 
sofa. 

Q.  Whero  wns  that  ? 

A.  That  was  iu  tho  President’s  offico  of  tho  Western 
Union  Telograph  Company,  115  Broadway. 

Q.  I  want  you  to  fix  that  date  as  well  as  you  can.  You 


1590 


:'890 

1586  wero  asked  when  that  interview  took  plneo,  and  you  an- 
sworcd  the  latter  part  of  February,  1874.  I  want  you  to 
fix  that  dato  as  nearly  as  you  can. 

A.  I  havo  no  means  of  fixing  tlio  dato  precisely ;  it  was 
some  time  beforo  Mr.  Orton  went  to  Europe,  which  was  on 
the  28th  of  March ;  I  should  think  it  was  the  latter  part  of 
February. 

Q.  You  havo  nothing  at  all  to  fix  tho  dato  ? 

A.  No,  sir. 

Q.  At  that  time  do  you  rcmombor  whether  Mr.  Edison 

1587  wns  or  was  not  doing  anything  with  tho  Western  Union 
Telegraph  Company’s  lines  ? 

A.  I  do  not  know,  oxeept  what  Mr.  Edison  told  mo. 

Q.  Can  you  givo  mo  a  word  that  Mr.  Edison  said  in  that 
conversation  ? 

A.  I  can  toll  you  what  Mr.  Edison  said  bofore  I  wont 
away. 

Q.  You  rcoollcot  scoing  Mr.  Edison  in  Mr.  Orton's  room 
on  tho  occasion  you  havo  referred  to.  Do  you  remember 
what  lie  said  at  that  timo? 

1588  A.  I  don’t  think  ho  said  anything  at  all ;  I  don’t  rotnom- 
bor  hearing  him  say  anything ;  ho  went  out  with  me. 

Q.  Wlint  wns  snid  was  said  in  his  preseneo  ? 

A.  Yes,  sir. 

Q.  And  ho  satd  nothing  at  all? 

A.  I  don't  recollect  that  ho  snid  a  word. 

Q.  You  say  ho  got  apparatus  there.  How  soon  after  that 
conversation  did  ho  got  his  apparatus  thoro? 

A.  I  think  almost  immediately ;  Ignvo  him  a  koy  to  my 
experimental  room. 

1589  Q.  What  apparatus  did  ho  bring  ? 

A.  Electro-magnets,  keys  aud  suoli  apparatus  ns  is  used 
in  duplexing. 

Q.  Without  going  into  details,  state  whether  it  wns  ap¬ 
paratus  of  his  own  invention  ? 

A.  Yes,  sir ;  I  bclievo  it  to  be. 

Q.  When  did  you  go  to  Key  West  ? 

A.  X  sailed  on  the  18th  of  April. 

Q.  And  was  gono  until  when  ? 

A.  I  returned  about  tho  4th  of  May. 


801- 

After  Reoes& 

Mr.  Lowrey :  While  waiting  for  tho  witness,  I  have  an 
offer  to  make.  Wo  offer  to  show  that  tho  report  of  the 
Western  Union  Telegraph  Company,  signed  by  Mr.  Orton, 
which  has  been  given  in  ovidenco,  was  published  in  tho 
Telegrapher  under  tho  date  of  October  17lh,  1874,  and  in  tho 
Journal  of  the  Telegraph  under  tho  date  of  October  15th, 

1874,  and  that  these  papors  aro  those  that  have  been  spoken 
of  several  times  in  tho  trial,  tho  one  being  published  by  tho 
Western  Union  Company,  as  testified  to,  and  tho  other,  as  I 
think  one  witness  snid,  was  an  opposition  paper  to  tho  1591 
Western  Union  Company.  Wo  dosiro  to  lmvo  tho  benefit 
of  any  notice  which  arises  from  these  papers  being  published 
in  two  telegraphic  journals  published  in  New  York  City. 

Mr.  Butler:  Tho  answer  to  that  is,  first,  that  if  it  wns 
competent  at  nil,  it  wns  competent  in  their  original  ease, 
and  they  have  closed.  In  tho  next  place,  it  would  not  bo 
material  if  it  wero  offered  in  thoir  original  enso;  it  would  * 
bo  a  sur-robuttor. 

The  Court:  I  do  not  think  it  iB  material.  In  regard  to  1602 
.  tho  other  objeotion,  tho  ovidenco  might  como  in  in  tho  dis¬ 
cretion  of  tho  Court. 

Mr.  Lowrey :  Tito  report  which  is  in  contains  statements 
or  claims  by  tho  Western  Union  Company  in  respeot  to  ne¬ 
gotiations  going  on  affecting  the  quadruplex,  and  to  certain 
titles  said  to  bo  in  that  company  in  tho  duplex.  Now,  wo 
assume,  and  havo  tho  right  to  assumo,  for  tho  purposes  of 
this  oiler,  that  we  havo  proved,  us  a  fact  in  the  ease,  that 
wo  did  own  tho  duplex,  and  wero  in  negotiation  for  tho 
quadruplex.  That  fact  being  proved,  we  may  assumo  that 
persons  in  tho  same  general  class  ot  business  had  i.ot.eo  of 
it.  I  cannot  prove  the  fact  by  that  means.  Wo  can  affect 
them  by  a  general  notoriety  in  a  technical  class  journal  liko 
this.  There  are  authorities  on  that  question.  I  oiler  this, 
then,  with  tho  object  of  affecting,  so  far  ns  tbo  evidence  will 
havo  that  effect  (which  question,  of  course,  tho  Court  will 


1694  decide  from  its  inherent  force  and  the  circumstances  of  its 
publication),  these  parties  with  notieo  that  tho  Wcstorn 
Union  Company,  in  an  official  dooument  published  to  tho 
world,  and  sent  abroad  to  telegraphers  through  these  jour¬ 
nals,  had  laid  claim  on  those  dates  to  this  invention. 

The  Court:  It  will  be  rejected  unless  it  is  proposed  to 
follow  it  up  by  showing  that  this  publication  in  the  journals 
came  to  tho  knowledge  of  tho  plaintiff. 

Mr.  Lowrey:  That  I  cannot  do. 

1696  (Papers  excluded.) 

Mr.  Lowrey:  In  addition  to  what  I  said  about  my  offer 
of  tho  papers  in  tho  tclogrnpli  journals,  I  now  offer  to  prove 
that  they  wore  both  published  in  the  City  of  New  York,  and 
have  a  general  circulation  among  all  persons  interested  in 


H.  Y.  SUPERIOR  COURT, 

CITY  AND  COUNTY  OF  Xli\V  YORK. 


THE  ATLANTIC  AND  PACIFIC 
TELEGRAPH  COMPANY 

GEORGE  B.  PRESCOTT 

AND  OTHERS. 


DEFENDANTS’  EXHIBITS. 


McDanikls,  Lira: 


&  Souther, 

rtf' a  Atforveya. 


United  States  Patent  Office. 

THOMAS  A.  EDISON,  OF  NEWARK,  NEW  JERSEY,  ASSIGNOR  TO  HIMSELF 
AND  GEORGE  HARRINGTON,  OF  WASHINGTON,  D.  C. 

\  IMPROVEMENT  IN  TYPE-WRITING  MACHINES. 


Sl'wlflc 


To  nil  whom  it  may  concern: 

I  Mo  it  known  that  I,  Thomas  A.  Edison,  of  I 
jewark,  in  the  county  of  Essex  and  State  of 
low  Jersey,  lmvo  invented  nud  mado  an  Iiu- 
tiro  vein  out  in  Printing-Machines}  and  tho  fol- 
Ipwiug  is  declared  to  be  a  correct  description 
gf  tlio  snmo. 

I  Tliis  invention  is  for  printing  by  n  tvpo- 
iuecl  iu  n  lino  upon  a  sheet  or  web  of  paper 
rod  then  moving  such  paper  along  so  ns  to 
fruit  upon  tho  lino  below.  This  invention  isdi- 
flded  iuto  tho  following  principal  dentures: 
prat,  mechanism  for  arresting  u  revolving 
fpo-wiiecl  with  tho  designated  letter  in  posi- 
to  bo  printed;  second,  tho  means  for 
loving  tho  typo-wheel  along  bctwcon  ono  ini- 
tension  and  tho  next;. third,  mechanism  for 
|mgmg  tho  typo-wheel  back  from  tho  end  of 
to  lino  so  as  to  conimcneout  tho  beginning 
I  tho  next;  fourth,  tho  devices  for  impress- 
fe  tho  paper  on  tho  typo.-  wheel ;  fifth;  tho 
|ding  devices  that  movo  tho.  paper  the  dis- 
Wco  betwoen  ono  lino  and  tlw  next. ' 

>3y  moving  tho  typo-wheol  nlong  tho  liuo 
GS?  PaPer  ‘l*o  parts  nro  simplitied 
U  rendered  more  compact  tlinn  imthoso  nm- 
'"“s  m  which  tho  paper  has  been  moved ; 
a  roll  or  wob  of  paper  can  bo  omploycd 
telogrnphio  messago  printed  thereon  by 
.and  cut  off,  .instead  of  writing  out  the 
as  now  usual. 

■,t;ldra'ring>  Figuro  1  is  11  PIa»  of  tho 
itivopartsottbe  machine  and  pnrfrof  tho 


posed  friction  allows  the  wheel  to  continue  its 
revolution  while  tho  shaft  mid  type-wheel  arc 
stopped.  Upon  tho  typo-wheol  shaft  b  arc 
projecting  pins  or  blocks  2,  arranged  spiral¬ 
ly,  or  positioned  so  that  whon  tho  stop-pin  3 
is  brought  iuto  tho  path  of  such  block  2  tho 
shaft  b  will  bo  arrested  by  such  pin  3,  with 
tho  letter  or  character  corresponding  with  thu 
key  depressed  in  position  for  printing. 

The  means  for  moving  tho  pin  3  by  tho'key 
might  bo  varied;  but  I  havo  shown  the  key  d 
as  acting  upon  a  vertical  bar,  d',  that  lias  a 
piu  ncting  in  a  cam -jaw,  4,  upon  tho  shaft  e 
that  carries  such  pin  3;  houco,  upon  the  de¬ 
pression  of  any  ono  key  tho  pin  3  connected 
with  that  key  will  bo  moved  into  tho  path  of 
tho  block  2  upon  tho  shaft  b,  and  properly  stop 
tho  typo-wheel. 

Springs  d>  aro  cmploycd  forrnising  tho  keys, 
and  the  key  will  riso  slightly  without  liberafc- 
ing  tho  block  2,  in  order  that  thoro  may  bo 
1 11010  lor  pnppr  to  bo  drawn  away  from  the 
type,  as  hereafter  described,  beforo  the  type- 
wheel  is  again  revolved.  Tho  flngcr-koys;for 
convenience,  mny  bo  in  two  ranges,  ns  shown. 
Beneath  tho  raugo  of  lingcr-keys  is  a  bar,/, 
supported  by  arms  from  tho  shaft  />,  so  that 
when  any  ono  of  tho  flngor-kcys  is  depressed 
the.  bar /will  bo  moved,  and,  by  tho  arm  and 
piu  6,  opernto  tho  foeding-bnr  </,  which  is  mado 
as  a  forked  inclined  pawl,  8,  (seo  Figs.  2  and 
4,)  at  tho  upper  end,  that  is  pressed  between 
thespoeiug-pins  7  on  the  rack-bar  A,  and  moves 


1‘l“l  10  '"k®  i»to  tlieso ami  hold  tho 

Vin  !‘°°  "l0"*’'  "‘hen.  the  pawl  i  la  mined 

W^i!r^i^PoJf  sa 

mid  allowlactSow  Mm  '>  ,IiftinR  11111  mmo 

r.ST.'A  ip5«taS!^Rf 

Ilm.nwTJ  In  1,1  ? 3"u i o°Vt e <1  «oS /fl w ny ‘ fro m 
opcrauVo  ’  Jm'vl  10  b“m«o  ngnin 

tlio  liand  iovnr  f/  '  Ldg,0  cnn  1)0  °l«ratcd  by 
tn  lliA  lm,  -  •  80 1,8 10  r°tum  the  type-wheel 

S  """‘5  of  the  line  between  one  m? 
tlm  „re««-  10  "0Xtf  Tbo  devico  for  giving 
bemMth  the,t0vnl.C0“i“,8ia  i",n  I,ndd<id  bar, 

(  I , »  i  ,  tjpe-whecl,  and  set  in  a  frame  in’ 

.  Iiunt>. 0,1  ecnters-18,  mid  earrie*  the 
lettro  r°  e°i  eteetro  nmgnet  p,  and  this 
■  I  ,  l  f?  e*  giv  cs  the  impression  whenover 

siirinAonthTrcstsim10  ViP°'"',,cc1'  n,,d  11,0 

the  olppfrifn.;,.,..,';*  1 1°  ®Vue»  ail|l  to  in 

tlirou-li  tho  11,18  eircnit  pnsscs,  also, 

: 

touches  the  end  of  ,Jh  WXj,  tie  ' 
wheel  atop^So'tootliVboinVtH^ono^^tilo  ‘ 

ssas^ws  i 


thidU 1110  la  allowed  to  rev”™ so 

,i  ‘  : ,.!!?  T!"Z  2o  m,ly  draw nwiiy  the inmrea. 

per  nlong°from'oiio IhiMo*  the 'next8  t*ie.'>!1' 
■II  the  spring-pawls  28,  hinged  to  a  frame  / 
ltnhl  ?i  “B*  0,1  tl10  -fr,  and  said  i  awls 

Bnrfaco  in  tl.olmcffid’  movement  Ilia  n‘° 


o  bell  boiug  struck  at  tho  last  orncarlylho  last  I 
o  movement  of  tho  rack-bar  A,  by  a  projection,  I 
o  33,  moving  tho  tail  of  tho  hammer  31.  The* 
i  operator  moves  tho  papor  forward  at  tho  prop- § 
s  or  tiuio  by  depressing  tho-key  n;  or  it  might  I 
1  bo  dono  automaticnlly  by  a  connection  from  I 
-  tho  rack-bar  ns  tho  type-wheel  is  drawn  along,  I 
i  I  n  order  to  ent  off  a  picco  of  paper  upon  which  I 
i  tlio  printing  hns  been  dono  I  provide  a  sta- 1 
i  tionnry  shear,  w,  and  swinging  shear  ic1,  tho  I 
•  latter  being  kept  open  by  a  spring  so  ns  not  f 
r  to  interfero  with  tho  paper  ns  it  is  fed  along.  J 
i  A  rack  or  stand,  ir',  should  bo  supported! 
i  above  tho  finger-keys  on  the  frames  a'  o',  to  I 
hold  tlio  manuscript  to  be  copied  from, anil  I 
a  grooved  bar,  ic5,  Fig.  3,  may  also  bo  provided  | 
in  which  a  strip  of  paper  may  lie,  this  strip  I 
having  upon  it  telegraphic  characters  iu  dob  / 
anil  dashes,  cither  indented  iu  tbe  paper  or  J 
umdo  iu  colors  in  chemically-prepared  pajier  I 
so  that  this  may  bo  drawn  nlung  in  said  Iw  1 

I  claim  ns  my  invention— 

1.  A  typo-whoel  moved  along  in  the  line 
its  axis  by  n  progressive  movement  het*K 
one  impression  nud  the  next  so  ns  to  pri 
from  sueli  type-wheel  in  a  line,  substantial 
as  sot  forth. 

-■  Tlio  rack-bar  A  and  spacing -pins  i. 
combination  with  the  spring-pawl  8,  key 
and  typo-wheel  a,  substantially  ns  act  fortk 

3.  Tho  pawl  8,  in  combination  with  the  rat 
bar  A,  disconnecting  devico  i  /,  and  stops 
and  17  upon  such  rack-bar  A,  substantially 
and  for  tlio  purposes  speoilied. 

The  lover  i'  and  disconnecting  devicei 
iu  combination  with  tho  rack-bar  A  nnd  tyi 
wheel  a,  substantially  as  set  forth. 

!>.  A  pressure-bar  sustaining  tho  paper 
bo  impressed  below  tlio  liuo  of  printing, 
combination  with  a  type-wheel  moved  eiO 
wise  of  tlio  axis,  progressively,  between  ol 
impression  mul  tlio  next,  substantially  nsspij 


0.  Tlio  brenk-wiicel  r,  spring-linger  s, » 
electric  circuit  and  circuit- breaker  Sis', 
combination  with  tlio  type-wheel,  impress! 
bar,  and  elcctro-mugnet,  substantially  ns  t 
for  tlio  purposes  Bet  forth.  , 

i.  lliopnpor-febdiiig  pnwis28  swinging" 
tlio  segments  27  upon  tlio  shaft  2!>,  in  com 
aat-iou  with  tlio  pawls  22  nnd  stationary  I 
30,  ns  nnd  for  tbo  purposes  sot  forth. 

8.  A  typo-wheel  and  mechanism  formov 
tlio  same  in  tlio  direction  of  its  axis  beta 
one  impression  and  tho  next,  in  combiiint 
with  impression  meclimiism  and  witlinpni 
feed  actuated  between  ono  lino  of  print 
nnd  tlio  next,  substantially  as  specified, 
flint  printing  cnn  be  ilouo  lino  after  lino  ncr 


33,'rty, 


- - - — - T7~ A.  EDISON. 

Type  Writing -  Machine. 

Mo.  133,841.  //  p>,#nl 


fSectuM  on  yy.) 


Dcfeiulnnt’s  Exhibit  4,— April  n,  ion. 
Specification  describing  n  now  and  useful  improvement  in 
Dim, ex  Teleokaph  Aitahatus, 

vented  by  Thomas  A.  Edison,  of  the  City  o£  Newark,  in 
io  County  of  Essex  nnd  State  of  Now  .Torsoy. 

The  invention  lias  Tor  its  object  the  simultaneous  trnns- 
ission  of  two  dispatches  or  signals  over  the  samo  lino  wire 
oin  opposite  directions,  and  consists  in  working  the  relays 
,  the  distant  stations  by  means  of  reversals  of  tho  current 
,  the  homo  station  while  transmitting  the  signals  from  the 
istant  station  by  the  iuorense  and  doorcase  of  tho  strongtli 
f  the  current  of  the  line. 

'I'lio  accompanying  drawing  represents  a  plan  view  of  my 
nprovod  apparatus  for  double  transmission,  showing  coll¬ 
ection  of  home  station  with  distant  station. 

A  and  13  are  electro-magnets  of  ecpinl  strength,  and 
laced  at  equal  distances  from  the  armature  lever  L,  pivoted 
etwcou  them.  Both  maguets  are  arranged  with  separnto 
atterics  j  battery  M  B  being  connected  witli  magnet  A, 
nd  with  its  positive  pole  to  the  lino ;  battery  11  B'  with 
ingnet  B  being  negativo  to  tho  line. 

Batteries  li  B  and  II  B'  are  alternately  placed  into  cir- 
uit  by  the  action  of  sounder  lever  S  L,  on  double  spr.ng 
ontnet  a,  nnd  then  conducted  to  the  earth. 

The  key  lever  S  L  is  operated  as  usual  by  its  battery  S 13, 
toy  K  and  magnet  S.  _  ( 

Magnets  A  and  B  communicate  over  wire  m  m'  and  tho 
ino  wire  with  the  distant  station  whoro  C  is  a  polarized  re- 
ay,  to  bo  operated  by  positivo  and  negativo  currents,  K'  a 
dorse  key  and  It  a  rheostat  connected  to  key  It  and  the 
inrth  at  E'.  Tho  object  of  the  key  at  K'  and  rheostat  It  is 
o  increase  and  decrease  tho  current  upon  tho  line,  so  as  to 
dYect  tho  lever  of  tho  relays  A  B.  This  increase  and  do- 
ireaso  of  tho  ourront  does  not  affect  the  polarized  relay  0, 
so  that  siguals  may  bo  transmitted  by  tho  positivo  and  nega¬ 
tive  currents  of  tho  batteries  at  tho  home  station  which 
operate  the  polnrizod  relay,  while  at  tho  samo  time  signals 


4  may  be  sent  to  the  home  station,  which  nro  caused  by  the 
depression  of  key  K'  and  consequent  eflect  on  the  relays 
A  li. 

On  closing  the  sounder  lever  S  L,  rclny  B,  and  its  battery 
M  B'  are  thrown  out  of  circuit,  and  relay  A  and  battery 
M  B,  with  its  positive  pole  to  the  line  placed  in  the  circuit. 
In  like  manner,  when  the  key  lever  S  L  is  open,  magnet 
A  is  thrown  out  of  circuit,  and  magnet  B,  with  its  negativo 
polo  to  line,  thrown  into  the  circuit.  The  armature  lever 
remains  thereby  constantly  attracted  to  the  electro-magnets 

5  A  B  as  the  instantaneous  transfer  of  polarity  permits  no 
separation  of  the  same. 

If  hotii  positive  and  negative  currents  were  pnssed  through 
one  magnet  only,  a  charge  and  discharge  would  ho  produced 
with  the  change  of  polarities,  and  tho  armature  would  be 
nttrnclod  and  repulsed. 

The  effect  on  the  line  is  tho  same  whether  n  current  of 
one  polarity  or  tho  other  is  sent ;  but  ns  each  magnet  re¬ 
ceives  a  current  of  the  same  polarity,  reversal  of  tho  current 
takes  place  on  tho  line  without  affecting  tho  relays  A  B. 

6  The  polarized  relay  is  self-ndjustnblo  and  follows  the  posi¬ 
tive  and  negative  currents,  wdicthcr  tho  tension  of  tho  bat¬ 
teries  is  suddenly  increased  or  decreased. 

Tho  polarized  relay  can  he  placed  at  a  number  of  stations 
on  the  line,  and  each  will  bo  able  to  receive  tho  signal  from 
the  transmitting  station. 

Tho  simultaneous  depression  of  tho  keys  K  IC'  at  both 
stations  produces  tho  responding  of  tho  polarized  relay  at 
tho  distant  station  to  tho  signals  of  tho  homo  station  by  re¬ 
versal  of  tho  current,  while  tho  relays  at  tho  homo  station 

7  respond  to  tho  signals  of  tho  distant  station  by  the  deoreaso 
and  increase  of  tho  strength  of  tho  current  on  armaturo 
lever  L. 

Having  thus  described  my  invention  I  claim  ns  new  and 
desire  to  secure  by  Letters  Patent— 

First.  Tho  armature  lever  L  pivoted  between  relays 
A  B  to  bo  operated  by  key  It'  and  rheostat  It,  from  tho  dis¬ 
tant  station  by  tho  increase  and  decrease  of  tho  current,  sub¬ 
stantially'  as  described. 

Second.  The  sounder  lever  S  L,  in  combination  with 


doublo  spring  contact  a,  to  throw  nltorontoly  the  battories  8 
M  B  and  M  B'  with  rovorsed  polarities  on  tho  lino  for  work¬ 
ing  polarized  rolnys  at  distant  stations,  substantially  as  de¬ 
scribed. 

THOMAS  A.  EDISON. 

Witnesses — 

Paul  Goepel, 

T.  B.  MoSIIEli. 

Ex.  J.  A.  AV. 

(No.  1.)  U.  S.  Patent  Office,  fl 

Washington,  D.  0.,  May  3, 1873. 

T.  A.  Edison, 

Caro  Munn  &  Co., 

Present. 

Please  find  below  a  communication  from  tho  Examiner 
relative  to  your  application  for  patent  for  duplex  telegraph, 


e  H,  filed  April  20,  1873. 

Very  respectfully, 


COMMISSIONER.  10 


This  application  has  been  examined  and  is  hereby  re¬ 
jected. 

Tho  description  does  not  fully  sol  out  the  construction 
and  function  of  tho  devices  and  their  combinations  in  tho 
various  circuits. 

Moreover,  ns  presented,  tho  claims  lack  patentability.  1 
Armature  lovers  pivotod  between  two  magnets  mo  old. ; 
merely  adding  that  they  are  to  bo  operated  in  a  certain 
way,  viz.,  by  increment  and  dccrenso  of  currents,  which  13 
also  old,  does  not  confer  patentability  on  tho  claims.  Seo 
patent  of  G.  Doyle,  Jan.  81, 1800,  and  Eng.  patont  of  Var- 
loy,  3,453, 1802  j  also,  Amor,  patent,  J.  O.  Wilson,  Moll.  4, 
1873.  •  , 

Tho  2d  claim  is  anticipated  by  tho  ordinary  duplex  koy 


u  shown  in  [intents  ol  J.  13.  Stearns,  liny  14, 1872,  anti  other 


Defendant’s  Exhibit  5 _ April  27 

"Washington,  D.  C.,  Jfay  22, 1878. 
Hon.  If.  D.  Leggett, 

13  .  Commissioner  of  Patents. 

Sin— I  hereby  amend  the  specification  in  my  application 
of  Letters  Patent  for  Duplex  Telegraph  Apparatus  (Cnso 
H),  filed  April  20,  1878,  by  erasing  all  of  specification  ex¬ 
cept  signatures,  and  substituting : 

To  all  whom  it  -may  concern. 

Bo  it  known  that  I,  Thomas  A.  Edison,  of  Newark,  in 
tuo  County  of  Kssex  and  .Stale  of  New  Jersey,  have  in* 
vented  a  new  and  improved  Duplex  Telegraph  Apparatus, 

14  and  I  do  hereby  deolnro  that  the  following  is  a  full,  clear 
and  exact  description  of  the  same,  reference  being  had  to 
the  accompanying  drawing,  forming  a  part  of  this  specifies- 

Ihis  invention  1ms  for  its  object  Ihc  simultaneous  trans¬ 
mission  of  two  despatches  or  signals  over  the  same  lino 
wire  from  opposite  directions,  and  consists  in  working  tbo 
relay  at  tho  distant  station  by  means  or  two  batteries  at  tho 
homo  station,  which  batteries  altornato  with  each  other  in 
transmitting  to  the  distant  station,  while  for  transmitting 

15  ‘ho  signal  from  the  distant  station  the  power  of  one  of  the 
homo  batteries  only  is  used,  and  for  tho  duplex  trnnsnm- 
siontlm  power  of  tho  other  home  battery  is  employed. 

Ike  drawing  represents  apian  view  of  my  improved  ap¬ 
paratus  for  double  transmission  d, . ! . -  '  f 


vith  sepnrato  batteries,  tho  battery  M  B  being  conneetocl  id 
vitli  magnet  A  and  tlionco  to  tho  lino,  while  tho  battery 
II  B-  connects  with  the  magnet  B,  and  thence  also  to  the 
too.  Tho  opposite  poles  of  the  batteries  M  B  and  M  1> 
jonnect  respectively  with  tbo  line,  so  that  one  battery  is 
jesitivo  to  tho  lino  and  the  other  negativo  to  the  same. 

;  The  two  batteries,  M  B  and  M  B’ are  equal  in  strength 
and  are  alternately  placed  into  circuit  by  the  action  of  tho 
lover  S  L  of  tho  sending  magnet,  on  a  double  spring  contact 
a,  said  contact  being  in  connection  with  tho  earth  at  Jt. 

Tho  lover  S  L  is  operated  ns  usual  by  its  battery  b  B,  koy  17 
K  and  magnet  S.  .  ,  •  1 .... 

Tho  magnets  A  and  B  communicate  by  wires  m  nml  in 
respectively,  with  tho  lino  wiro  and  the  distant  station, 
where  0  is  a  polarized  relay  to  be  operated  by  the  positive 
nnd  negative  currents  of  tho  batteries  M  B  and  M  B. 

At  tho  distant  station  is  furthermore  a  Morse  koy  K  nn  l 
a  rheostat  11  connected  to  key  K’aml  to  tho  cnith  at  E. 

Tho  object  of  rheostat  11,  when  used  in  com.cet.oi.  ..ill.  -o 
key  K.',  is  to  increase  nnd  decrcnso  tho  cm  rent  upon  the 
line,  so  as  to  eiVeot  the  lever  L  of  the  eleetro-magnets  A  B.  18 
This  increase  and  decrease  of  tho  current  ^esnotafiect 
the  polarized  relay  0,  so  that  signals  may  be  — ■  * 
by  the  positive  nnd  negativo  currents  of  tho  ballot  10s  at  tho 
home  station,  which  operate  the  polarized  relay  while  at 
tho  same  time  signals  may  be  sent  .0  the  homo  s.  ion  by 
tho  depression  ol  key  K’  nnd  consequent  cficet  on  tho  elec 

,r°OnnKn^ho  lover  SL  the  elect ro-mngnot  B  and  its 
bnttprv  M  B'  are  thrown  out  of  circuit,  whilo  tho  electro- 
magnet  A  nnd  battery  M  B  arc  placed  into  the  circuit.  In  19 
like  manner  when  the  lover  8  L  is  open  the  tr^not  A  » 
thrown  out  of  circuit,  nnd  tho  magnet  B  with  1  1-olar.ty 
opposite  to  that  of  A  thrown  into  tho  circuit.  Iho  arma¬ 
ture  lover  L  remains  thereby  constantly  aUractccl  totho 
eleetro-magnets  A  B,  as  the  ^'miteueous  timtsfet  1.^ 
ity  permits  no  separation  of  tho  same.  t 

and  negative  currents  wero  passed  through  t  , 

only,  a  charge  and  discharge  would .ho  P™1"0®  u  bo  „t. 


0 

20  traded  nnd  repelled.  The  cited  on  the  lino  is  the  samo, 
whether  n  current  of  ono  polarity  or  the  other  is  sent,  but 
ns  caoli  magnet  receives  a  current  of  the  samo  polarity, 
reversal  of  the  current  takes  place  on  tho  line  without 
affecting  the  magnets  A  B,  Tho  polarized  relay  C  is  self- 
adjustable  and  follows  tho  positive  nnd  negative  currents 
whether  tho  tension  of  the  batteries  is  suddenly  increased  or 
decreased. 

Tho  polarized  relay  can  bo  placed  nt  a  number  of  stations 
on  tho  line,  nnd  each  will  ho  ablo  to  rcceivo  the  signals 

21  from  tho  transmitting  station. 

The  simultaneous  depression  of  the  koys  K  and  K'  nt 
both  stations  throws  tho  battery  M  B'  out  of  circuit,  and 
onuses  the  lover  1  to  bo  alternately  affected  by  tho  current 
of  tho  bnttory  it  B  through  A,  and  by  tho  counteracting 
spring  that  connects  with  such  lever,  while  it  is  evident 
that  nt  tho  distant  station  tho  polarizod  relay  will  respond 
to  tho  action  of  tho  battery  it  B.  When  in  tho  third  place 
the  distant  station  alone  is  sonding  a  messngo  tho  lever  S  L 
will  hold  the  bnttory  it  B  out  of  circuit,  so  that  tho  battery 

22  it  B'  alone  will  act  on  the  lover  L  nnd  opernto  tho  samo  in 
conjunction  with  tho  counteracting  spring  on  such  lover. 

Having  thus  desoribod  my  invention,  what  I  claim  as 
now  nnd  desire  to  secure  by  Letters  Patent  is: 

1st.  The  combination  of  two  equal  but  opposing  bat- 
torics  it  B  nnd  it  B'  nt  ono  station  with  tho  magnets  A  B, 
intermediate  levor  L,  operating  lover  S  L  nnd  lino  wire,  for 
tho  purpose  of  holding  tho  lover  L  immovable  during  the 
transmission  of  a  homo  mossago,  as  sot  forth. 

2d.  Tho  combination  of  tho  polarized  relay  0,  koy  IC' 

28  and  rheostat  It,  with  tho  subject  matter  of  the  foregoing 
clause  to  constitute  a  duplex  tclogrnph  instrument,  as 
specified. 

THOMAS  A.  EDISON-, 
per  Munn  &  Co., 
Attorneys. 

Neivakk,  N.  J.,  March  18,  1870. 
Mon.  Commissioner  of  Patents. 

I  hereby  amend  my  application  for  pntent  for  telegraph 


apparatus  filed  April  20,  1878,  Case  H,  by  erasing  the  24 
specification  nnd  amendments  before  filed  and  substituting 
the  following.  Very  respectfully, 

THOMAS  A.  EDISON. 

[Tho  amendment  thus  filed  is  the  one  issued  with  tho 
patent,  ns  below.] 


Dcfcntlniit’s  Exhibits  0  nntl  7.— April  27, 1S77. 

United  States  Patent  Office.  25 


Thomas  A.  Edison,  of  Newark,  N.  J.,  Assignor  to  himself 
and  George  Hakiiington,  Washington,  D.  C. 


1M MOVEMENT  IN  DUPI.EX  TEI.EGI1ATIIS. 


Specification  forming  part  of  Letters  Patent  No.  102,683,  2(j 
dated  April  27, 1876 ;  application  filed  April  20,  1873. 


Case  II. 


To  whom  it  may  concern. 

Bo  it  known  that  I,  Thomas  A.  Edison,  of  tho  City  of 
Nowark,  in  tho  County  of  Essex  nnd  State  or  Now  .Torsoy, 
have  invented  a  now  and  usorul  improvement  m  duplex 
telegraph  apparatus,  of  which  tho  following  is  a  specifics- 

Tho  invention  has  for  its  object  the  simultaneous  trails-  27 
mission  of  two  different  dispatches  or  signals  over  the  same 
lino  wire  from  opposite  directions,  or  in  the  samo  direction  ; 
and  tho  invention  consists  in  tho  transmission  or  positive 
and  negative  currents  over  tho  line  to  effect  the  reception  of 
one  message,  nnd  tho  increase  nnd  decrease  of  tho  strengths 
of  these  currents,  either  positive  or  negative,  to  efieet  tho  re- 
ccplion  of  the  other  message. 

Tho  accompanying  drawings  represent  a  plan  view  of  my 


I 


28  improved  apparatus  in  -this  ease,  part  of  the  apparatus  being 
placed  at  one  end  of  tlio  line  and  part  at  tlio  other  end. 

A  and  B  are  electro-magnets  of  equal  strength,  ami 
are  placed  at  an  equal  distance  from  and  on  tlio  opposite 
sides  of  the  armature  lever  L,  pivoted  between  thorn.  Both 
magnets  arc  arranged  with  separate  batteries.  Tlio  battery 
If  B  is  connected  with  the  magnet  A,  and  with  its  positive 
polo  to  the  line,  and  tlio  battery  M  B'  is  connected  with  tlio 
magnet  B,  and  has  its  negative  polo  to  the  line  Tlio  bat¬ 
teries  M  B  and  M  B'  are  alternately  placed  into  tlio  circuit 
by  the  sounder  lever  S  L  and  the  double  spring  contact  n, 
wbioli  is  in  contact  with  the  oarth,  Tlio  key  lever  S  L,  is 
operated,  ns  usual,  by  the  local  battery  S  B,  key  K,  and 
magnet  &  The  magnets  A  and  B  are  connected  to  the 
main  lino  wiro  and  polarized  relay  0,  by  the  wires  m  and 
in'.  The  polarized  relay  C,  being  either  at  tlio  samo  station 
or  at  the  distant  station,  is  operated  by  the  positive  and 
negative  currents  sent  over  the  lino.  K'  is  a  Morse  key, 
and  It  a  resistance  coil  or  rheostat,  connected  to  the  kuy  K 
and  earth  E. 

The  objoct  of  tlio  key  K'  and  rheostat  It  is  to  iaercaso 

30  and  deerense  the'strength  of  the  current  upon  the  lino,  so  ns 
to  nil’cct  the  lever  of  the  relay  A  B,  The  increase  and  de¬ 
crease  in  the  strength  of  the  line  current  does  not  atleet  tlio 
polarized  relay  C,  as  this  is  dependent  for  working  upon 
the  direction  of  the  current  or  polarity,  independent  of  its 
strength,  so  that  signals  may  bo  transmitted  by  S  L,  bat¬ 
teries  M  B  and  M  B',  or  by  any  other  battery  reversing  de¬ 
vice,  and  these  currents,  noting  upon  tlio  relay’  0,  causo  its 
tonguo  to  bo  thrown  to  the  right  or  left,  according  to  the 
polarity  of  the  current  transmitted.  At  tho  samo  time 

31  another  sot  of  signals  may  bo  sent  over  tho  samo  wiro  by 
the  depression  of  tho  Key  K',  which  causes  a  docrcuao  in 
the  resistance  of  tho  line,  and  a  consequent  increase  in  tho 
strength  of  tho  current  on  the  line!  and  this  increased 
strength  of  current  produces  suilieient  magnetism  in  either 
A  or  B  to  overeomo  tho  attraction  of  its  spring,  and  it  is 
drawn  toward  tho  magnets. 

On  closing  the  key  K  the  mnguot  attracts  tho  lover  S  L, 
throwing  tho  battery  if  B'  and  magnet  B  out  of  circuit, 


and  tho  magnet  B  and  battery  M  B,  with  its  positive  pole,  82 
is  placed  in  circuit  and  toward  tho  line.  In  a  like  manner, 
when  tlio  key  lover  is  not  attracted  by  its  magnet,  tho  mng- 
nct  A  and  battery  M  B  is  thrown  out  of  circuit,  and  tho 
magnet  B  and  battery  M  B',  with  its  negative  pole  toward 
tho  line,  is  thrown  in  circuit,  tho  nrmaturo  lover  L  remain¬ 
ing  constantly  attracted  (if  K'  bo  closed)  by  either  A  or  B, 
as  the  instantaneous  transfer  of  polarity  permits  no  separa¬ 


tion  ol  tlio  same. 

If  both  positivo  and  nogativo  currents  wore  passed 
through  one  mngnot  only,  a  charge  and  discharge  would  he  33 
produced,  with  a  cliango  of  polarity  in  tho  iron  cores,  and 
tho  nrmaturo  would  bo  drawn  away  from  tho  cores  of  tho 
mngnot  for  an  instant  by  its  rctrnctilo  spring,  at  tho  moment 
when  tho  cores  wore  changing  their  polarity.  In  this  ar¬ 
rangement  tho  wires  upon  tho  magnets,  connections  and 
arrangement  of  batteries,  are  such  that  tho  polarity  of  both 
magnets  are  nover  changed. 

Tho  polarized  relay  is  self-adjustable,  and  follows  the 
positivo  and  negative  ourronts,  whether  tho  tonsion  of  tho 
same  is  suddenly  increased  or  decreased.  34 

The  polarized  relay  0  can  bo  placed  at  a  number  of  sta¬ 
tions  on  tho  line,  and  each  will  be  able  to  receive  the  signals 
from  tho  stations  transiniting  positivo  and  nogativo  currents. 
The  relay  A  B  may  also  bo  placed  at  a  number  of  stations, 
if  A  or  B  bo  dispensed  with,  and  other  doviccs  applied  to 
provent  the  mutilation  of  tho  signals  by  change  in  tho 
polarity  of  its  iron  core.  ' 

I  claim  ns  now,  and  desire  to  soourb  by  Letters  Patent 
Tho  armature  lovorL,  pivoted  between  tho  magnates 
A  and  B,  and  operated  by  an  increase  and  deerense  m  tho  Sf 
tonsion  of  the  lino  current,  in  combination  with  tho  K  nuU 
rheostat  R,  for  the  purpose  set  forth. 

2.  The  sounder  lover  S  L,  double  spring  contact  «,  an  . 
batteries  M  B  and  M  B',  arranged  substantially  as  set  forth, 
and  for  tho  purpose  specified.  _  .  . 

8.  Tho  combination,  with  tho  main  lino  circuit,  ot  a  re¬ 
ceiving  instrument  operated  by  changes  in  the  polarity  of 
tho  current  indepondoutly  of  tonsion,  with  anothor  receiving 


10 


6  instrument  operated  by  olrangos  of  tension  independent  o( 
polarity,  means  of  changing  tlio  polarity  of  tlio  current,  and 
means  of  changing  tlio  tension  of  the  ourront,  substantially 
as  and  for  tie  purposo  specified. 

THOMAS  A.  EDISON. 


■Witnesses : 

Paul  Gospel, 
T.  13.  Mosiier. 


Defendant’s  Exhibit  8 — April  27,  1877. 

William  Oiitox, 

President. 

Executive  Oeeice,  ) 

Western  Union  Telegraph  Company,  > 
New  York,  February  0,  1878.  ) 

®  Dear  Miller  : 

Say  to  Edison  that  I  am  ready  to  treat  for  bis  duplex, 
and  that  be  may  set  it  up  iu  our  office  at  any  time.  Also 
that  1  shall  be  glad  to  consider  liis  other  propositions. 

Very  truly  yours, 

WILL11  ORTON. 

N.  C.  Miller,  Esq., 

iScc'y  Gold  and  Slock  Tel  Co., 
ig  Now  York. 


(n 


Turriff 


.  /(cura-rJc.  ’A..S.  .A/j y.  /S .  /  fry  3. 


,/a/f.  ni  ^o/ici/or- 

Pieces e  foiiourtno^ 

f£ifin\on.L\  f  inuenfion  m  Act/tityt  JcLzc/r «■/> iii\. 

y/l  fundnmenlaC  ftrcn.ee/tic  of  A  u.plty.  tcicc/ra.fth\\ 
ne.aa.ir-a.il /.a.fta-tx  of  /Ac  afferj  of  /At  ouJ  - 
c*oc?ua  /ta.iir.r  i a  r  n.  cc/in.  i -n.siru.7Ti  ectn  >  ,  ’i- 

J’AE  ncni  cfn/tor/cj/ii  dun  <C  /  j  in  l  dr.  s/ra  <:  At  nt ,  of  /At 

sfftci  a/  /Ac  s/a fi Q  cAarcfC  of  /At  itnc  te/oeux  /At 

JAl  Minor  esscrtjiet  Is  net  ,.  *t  rri.fi t  r/c  in  r-c  a  ’  for 

f)Cactnc\  Mr  ■6a/.irr<\  o// a,uk.  <m  M  l  i'Ac  . 


,/u.ec-k 


a  A  or  ; 


S  si.aU  c/esertAc  a.  iarcfC  nterreher  of  morAis  on 
(oAlC.A  S  to A  -rioter  C'x/C  r  inykn  A  ne%  f  r  e/tet  rce /orf.\ 
'V.  d/i/n  t  n  in  /')aie  i\/»  , 


Defendant’s  Exhibit  10.— April  27,  1877.  < 

Mr.  M. : 

Want  order  go  in  W.  XT.  nights  to  feel  the  pulse  of  mv 
patients. 

EDISON. 


Defendant’s  Exhibit  11.— April  27,  1877. 

'  ,r  April  4,  1878. 

Mr.  Miller :  4 

Plcnso  inform  Mr.  Orton  that  I  have  accomplished  nil  I 
ngreod  to  with  ono  exception,  and  nm  now  ready  to  oxhibit 
and  closo  tho  thing  up.  . 


I  oxporimented  twonty-two  nights;  tried  twonty-threo 
duplex  systems;  nino  woro  failures,  four  partial  sucocss, 
and  ton  woro  all  right;  ono  or  two  of  tho  lattor  worked 
rather  bad,  but  tho  prinoiplo  is  good,  and  if  thoy  woro  to  bo 
used  could  bo  improved  in  detail;  eight  woro  good,  ono  of  42 
whioh  requires  no  spccinl  instruments ;  a  singlo  wire  run  in 
a  pcoulinr  manner  in  a  Morso  set  of  instruments  transforms 
them  into  a  duplex.  Ton  models  for  ten  different  duplox 
have  boon  dclivorod  to  Munn  &  Co.,  patont  solicitors. 

"  WORKING  PLAYED  OUT  WIRES." 

Several  experiments  mndo  on  Washington  wires  after 
heavy  rain.  With  the  ordinary  relay  tho  signals  came  hard ; 
with  attachment  to  ordinary  relay  the  signnls  camo  strong, 
sharp  and  olear ;  two  models  of  this  have  boon  delivered  to  4j 
L  M.  Scrrcli,  patent  solicitor.  Ono  attachment  is  being  mndo 
for  exhibition.  I  will  bo  ready  in  fivo  days  or  soonor. 

“  WORKING  LONG  CIRCUITS." 

Twonty-four  hundred  miles  woro  worked  by  mo  at  dif¬ 
ferent  times  without  repeater,  but  so  far  I  do  not  think  tho 
devices  I  hnvo  nro  of  any  practical  value.  I  shall  not  givo 


it  up.  Tlio  patents  will  bo  allowed  iD  about  tlirco  months. 
In  tho  meantimo  if  I  run  across  another  duplex  I  will  tako 
steps  to  confine  it  in  tho  Patent  Office  immediately,  so  that 
duplex  shall  be  a  patent  intricacy,  and  tho  intricacy  ownoil 
by  tho  W.  U. 

Please  ask  Mr.  Orton  what  I  shall  do  next. 

EDISON. 

P-  S. — I  linvo  full  records  of  all  experiments  to  tho  min¬ 
utest  detail,  with  dates.  I  also  go  back  on  duplex  prior  to 
Stearns'. 


I’laiiitilT’s  Exhibit  12.— April  27,  1877. 

New  York,  April  23, 1878. 

I  horoby  appoint  Norman  C.  Miller  my  attorney,  solo  and 
oxolusive,  to  arrange,  sell,  bargain,  transfer,  convoy  for  any 
sum  ho  mny  seo  fit  all  my  right,  title  and  interest  of  every 
conceivable  description  in  eight  duplex  lolgli.  patents, 
obtained  by  Munn  &  Co.,  and  throe  duplex  tolgh.  and 
two  compensating  relay  patents,  obtained  by  L.  Sorrell,  to 
?ny  corporation  whioh  shall  go  by  tho  name  of  tho  Western 
Union  Telograph  Co. 

_.  THOMAS  A.  EDISON. 

Witness: 

J.  0.  Masea. 

M.  . 


Defendant's  Exhibit  13.— April  27,  1877. 

I  have  tried  to  dato  with  make-shift  instruments,  seven 
duplex,  between  Now  York  and  Boston.  Six  of  them 

rhSrit'Ji;suventl1  was  a  3atisfhct°r-v  fiiii,ir°- 


Defendant’s  Exhibit  14. — April  27,  1877.  4S 

For  Identification. 

New  A  UK,  N.  J.,  May  19,  '74. 

Geo.  B.  Pkkscott,  Esq., 

metrician  IF.  V.  T. 

Deau  Sir: 

You  probably  think  it  strango  that  I  have  dono  noth¬ 
ing  with  duplex.  Tho  fact  is,  Mr.  Orton's  sudden  dis¬ 
appearance  took  tho  bottom  out  of  my  boat,  and  I  can  do  | 
nothing  without  his  or  your  cooperation.  As  I  have  a 
great  number  of  duplex  combinations,  whioh  may  bo  of  ifl 
value  to  tho  company  in  tho  futuro,  I  dislike  to  loso  all  tho 
time  I  have  given  towards  perfecting  them. 

I  make  this  proposition — 

That  you  givo  mo  facilities  and  personal  help  to  tost  them  \ 
and  then  tako  tho  patents  out  in  our  joint  names,  and  then 
present  them  to  tho  company  for  purchase  on  their  merits 
nlono ;  profits,  if  any,  to  bo  divided  equally. 

Yours  truly, 

THOS.  A.  EDISON, 

10  and  12  Ward  St.  60 


Defendant’s  Exhibit  16.— April  27.  A.  T.  W. 

Aftor  an  almost  iufinito  amount  of  experimenting  I  linvo 
a  duplex  working  in  shop  two  messages  in  tho  snmo  direc¬ 
tion,  way  stations,  etc.  I  want  tho  loan  of  tlirco  duplex 
sounders  and  one  Phelps  ordinary  relay  for  a  wook. 

I  am  ready  to  put  tho  now  duplox  in  operation  first  bo- 
twoon  Now  York  and  Plain. 

I  have  boon  very  sick  in  bod— have  had  tho  most  interest-  51 
ing  features  of  4,000  nightmares  in  tho  day  timo.  Cause- 
root  beer  and  duplex. 

Defendant's  Exhibit  15a.— April  27.  A.T.W. 


I  have  struck  a  now  voin  in  duplox  telograph ;  “  no 


EDISON. 


My  shop  is  so  full  of  non-paying  work  that  I  shouhl  liko 
o  saddle  this  on  W.  U.  shop,  where  they  arc  used  to  it. 
Called  to  see  Mr.  Proseott  at  4  P.  M.  Left. 


Defendant’s  Exhibit  18.— April  27.  A.  T.  W. 


„  „  „  September  30, 1874. 

G.  B,  Prescott. 

Started  to  oquate  duplex  nbout  ton  o’clock  P.  M. ;  No.  00 
wire,  eight  gauge  to  Boston.  Both  mo  and  Smith  bothered 
in  equating.  Soon  found  that  00  was  crossed  ;  changed  it 
for  No.  81,  eight  guago;  waited  till  twelve  o’clock  to  got 
men ;  started  for  an  hour’s  trial  at  12.03  P.  M. ;  messages 
taken  from  ten  days’  files;  no  picking. 

Operators  at  Now  York—  Pullnm,  Do  Grnw,  Cook,  Bon- 
noth  Operators  at  Boston— D.  Sanford,  Davin,  Colson, 


<jtf~  ex _ .  ^ 


Weather  in  N.  Y. :  No  rain  ;  vory  high  wind. 

11  “  Boston :  N.  East  storm ;  all  day  fine;  drizzling 

rain  at  12:03. 

Boston  sent  us  142  in  one  hour. 

N.  Y.  sont  Boston  125  “  11 

Worked  well  both  sides. 

Pound,  nftor  got  through,  thnt  I  was  out  of  balance  380 
ohms,  as  the  wind  had  dried  insulators  on  my  end,  whilo  it 
still  drizzled  in  Boston.  Total  breaks,  thirty-eight.  Conden. 
sere  old  and  leaky. 


EDISON. 


s*^  /Z/r^rsi  -  - - 


CX-^O  JXcrz-e^  £*-o 


3~  4& 'y-^U't-v^Z-u^  S*f. 


15 

Defendant's  Exhibit  20.— April  27.  A.  T.  W.  56 
[Probably  day  or  two  lator,  Soptomber  80.] 

Message,  No. -  Bettor - 

The  “Western-  Uxion  Telegraph  Company 

From - to - Shecl, - 

Found  qundruplox  working  when  I  oarae;  Brown 
balanced ;  works  0.  K. ;  doing  all  the  biz. ;  works  better 
than  ever  ;  found  a  bad  connection  last  night. 

Name  of  sounder  —  ^ 

Giant  sounder  of  Pnrtriok,  Bunnell  &  Co.,  Doy  street,  N.  Y. 
Would  like  to  have  them  altogether ;  they  are  a  great 
'assistance. 

EDISON. 


Defendant's  Exhibit  21.— April  27,  1877.  A.  T.  TV. 

G.  M.  Phelps  : 

Plcnso  make  following  instruments  according  to  Mr.  Edi-  68 

0  Small  relays. 

6  Singlo  sending  sounders. 

6  Hovcrsing  soumlors. 

6  Differential  polarized  relays. 

24  Keys. 

0  Switches. 

6  Bridge  Rheostats. 

0  Equating  Rheostats.  09 

0  Spark  coils,  400,  200,  100, 60,  26,  20. 

12  Condensers. 

0  Rcc’g  condonsors,  coil  1,000,  2,000. 

Oct.  19,  ’74.  Rec’d  21  Oot. 

G.  M.  P.,  Jr. 

Theso  are  wanted  with  all  possible  speed.  I  moan  in  the 
making.  Wo’U  put  tho  speod  into  thorn  afterwards. 

w.  n 


17 


New  Yoke,  Dec.  10, 1875. 

Whereas,  Thomas  A,  Edison  and  George  13.  l’reseott  aro 
the  inventors  of  certain  improvements  in  telegraphy  relat¬ 
ing  to  dnplox  and  quadruples  telegraphing,  for  which  Let¬ 
ters  Patent  of  the  United  States  havo  been  applied  for  by 
(51  said  invontors,  and 

Whereas,  said  Edison  and.  Prescott  havo  agreed  to  assign 
all  their  right,  title  and  interest  in  and  to  said  inventions, 
and  Lcltors  Patent  to  the  Western  Union  Telegraph  Com-* 
pany,  provided  the  terms  of  pnymont  for  such  assignment 
and  transfer  shall  bo  satisfactorily  adjusted  between  the  said 
parties  and  tho  said  telegraph  company, 

I,  tho  said  Thomas  A.  Edison,  hereby  acknowledge  tho 
receipt  of  five  thousand  dollars,  to  mo  in  hand  paid,  in  part 
payment  for  my  interest  in  tho  said  assignment  nnd  trims- 


Witness:  TUOS.  A.  EDISON.  (silTT) 

A.  B.  Brewer.  ^ 


City  and  County  of  New  Torlt,  ss. 

3  On  this  21st  day  of  January,  1875,  before  mo  personally 
appeared  A.  E.  Brewer,  to  mo  personally  known,  nnd  known 
to  me  to  be  the  subscribing  witness  to  tho  foregoing  instru¬ 
ment,  who,  being  by  me  duly  sworn,  said  that  he  resided  in 
the  City  of  Brooklyn,  in  tho  State  of  New  York  ;  that  ho 
was  acquainted  with  Thomas  A.  Edison,  and  know  him  to 
be  tbe  person  described  in,  and  who  executed  said  instru¬ 
ment  and  that  he  saw  him  execute  and  deliver  the  same, 
and  that  ho  acknowledged  to  him,  said  A.  E.  Brewer,  that 


ho  oxccuted  nnd  delivered  tho  same,  and  that  thereupon  tho  C-l 
said  A.  E.  Brewer  subsoribod  his  name  ns  a  witness  thorcto. 

II.  M.  UAIGH, 

Notary  Public , 

N.  Y.  Co. 

Defendant’s  ExhlbltNo.  23.— A.  T.  W.  April  27, 1S77. 

New  York,  Dec.  17,  ’74 

T.  A.  Edison. 

You  aro  authorized  to  mnko  twenty  sets  of  qundruplox  (55 
complete,  for  twenty  cirouits,  all  to  bo  finished  nnd  delivered 
within  fifty-five  days  from  date.  The  finish  and  workman¬ 
ship  to  ho  equal  to  those  mndo  hy  G.  M.  Phelps,  nnd  tho 
cost  of  oaoh  sot  not  to  oxcccd  tho  co3t  of  tho  sots  already 

WILL”  OllTON, 

President. 


Defendant’s  Exhibit  No.  24.-A.T.W.  April  27, 1877. 

Our  duplex  worked  from  7.30  P.  H-  last  night  till  11.02  63 
P.  >f.  without  a  single  hitch.  Best  yot.  Aftor  11.02 
worked  double  to  Chicago,  doublo  to  Bullalo,  nnd  Buffalo 
doublo  to  Chicago  on  regular  business  just  tho  same.  Alter 
tho  line  mon  oil  Iirio  got  through  moving  tho  wire  wo  uso 
on  now  set  of  polos  wo  will  work  right  along.  They 
crossed  wire  to  day  about  ovory  twonty  minutes.  I  need 
10,  9,  8,  7,  0,  6,  4,  8  or  2,000  dollars— any  ono  you  would 
like  to  advauco. 

EDISON.  37 


19 


08  Defendant's  Exhibit  25 — A.  T.  W.  April  27, 1S77. 

Executive  Office,  ) 

Western*  Union  Telegrawi  Comi'anv.  }■ 
New  York, - ,  187  ) 

QUO.  H.  MUMPORI), 

I  will  so  ikUI  to  llio  present  quadruples  to  moot  various 
comlitions  now  existing  within  tlio  next  six  months,  ns  well 
ns  an  important  improvement  to  it  in  a  direction  which  I 
00  will  not  now  name,  that  no  porson  connected  with  your 
company  can  say  in  tlio  future  that  too  much  money  was 
paid  for  the  invention. 


take  1-20 th  of  the  nverngo  cost  of  maintenance  of  50,000  72 
miles  of  wire  for  17  years.  Ono  third  down,  and  die  bal¬ 
ance  in  yearly  payments  during  tlio  above  mentioned 
period.  Half  of  such  payments  to  cease  tlio  moment  any 
other  person  shall  invent  and 'put'into  practical  operation  a 
quadruples  (not  infringing  our  patents)  upon  a  circuit  of 
400  miles  in  length. 

Yours,  etc., 

THOS.  A.  EDISON, 

GEO.  B.  PRESCOTT.  73 


Defendant's  Exhibit  28. 


Defendant’s  Exhibit  2G.-A.  T.  IV.  April  27, 1S77. 
TWO  PROPOSITION’S. 

i  lst-  Wo  will  take  twenty-five  thousand  down  and  twenty- 
five  thousand  in  six  months  for  all  patents,  and  a  royalty 
iO  on  quadruples  of  $108  per  year  for  each  circuit  created. 

2d.  We  will  taka  twenty-live  thousand  down  for  all 
patents  and  a  royalty  of  $233  per  year  for  each  circuit  ere- 


Defendant’s  Exhibit  27.-A.  T.  W.  April  27,  1877 
New  York,  Dec.  18,  74. 

71  Hon.  Wm.  Orton, 

Cres'l  II*.  V.  Tel.  Co. 

Dear  Sir  :  Your  company  bus  over  25,000  miles  of  wire 
which  can  now  bo  profitably  “  ipmdruplexed.” 

Considering  those  25,000  miles  to  be  already  duplexed, 
the  quadruples  will  create  50,000  miles  additional. 

.  yT  our  Palei|b*  aml  oJVurtij  in  protecting  the  Company 
IU  v.e  u.u»pwly  of  the  same  during  their  life-  we  will 


January  19,  1876. 

Thomas  A.  Edison,  Esq.,  and  George  B.  Prescott,  Esq. 

Gontlomcn:  Referring  to  tlio  negotiations  and  arrange- 

meats  heretofore  niado  botween  you  nnd  tlio  Western  Union  ,4 
Telegraph  Company  for  tlio  salo  and  transfer  to  that  com¬ 
pany  of  all  your  patonts  rolatiug  to  the  duplex  and  qundru 
plex  tolegi.ipliy,  subject  to  definite  ascertainment  of  the 
componsation  to  bo  paid,  and  especially  to  1 10 
writing  made  by  you  on  or  about  the  30tl.  day  of  December 

I  lS‘‘'lsfc  Wo  "will  take  twenty-five  tliousand  down,  and 
“twenty-five  tliousand  in  six  months  for  nil  pntonts,  and  a 
“royalty  on  duplex  of  $100  per  year  for  each  circuit  ^ 

II  created ; 

“2d  Wo  will  take  twenty-five  thousand  down  for  al 
“patents,  and  a  royalty  of  $233  per  year  for  each  circuit 
“  created 

I  hereby  notify  you,  on  belmlf  of  tlio  Western  Union  Tele¬ 
graph  Company,  that  the  proposition  for  compon  ntion 
Tovo  quoted,  and  by  you  marked  “  2d,”  is  hereby  accepted 
ns  made,  and  tbo  company  is  ready  to  close  tlio  business  a 
your  earliest  convenience,  and  to  make  all  tbo  pay  men 


■20 


'21 


76  called  for,  upon  receiving  from  you  proper  assignments  and 
transfers  of  the  said  patents. 

Yours,  very  respectfully, 

WILLIAM  ORTON, 
President. 

Defendant’s  Exhibit  29. 

Agreement  for  mutual  releases  this  day  entorod  into  be¬ 
tween  tiro  Western  Union  Telegraph  Company,  of  the  ono 
part,  and  Thomas  A.  Edison  of  the  other  part. 

Whereas,  legal  controversies  have  arisen  and  now  oxist 
between  tho  parties  in  respect  to  certain  inventions  made  by 
said  Edison,  which  inventions  wore  tho  subject  of  an  agree¬ 
ment  between  said  Edison  and  George  B.  Prescott,  (fated 
August  nineteenth,  ono  thousand  eight  hundred  and  seventy- 
four,  and  subsequently  of  negotiations  between  tho  company 
upon  tho  ono  part  nnd  tho  said  Edison  and  Preston  upon  tho 

78  other  part,  whoroby  tho'  Baid  company  sought  to  purchaso 
from  Edison  nnd  Prescott  tho  solo  title  to  tho  snmo,  and  all 
Letters  Patent  to  bo  issued  thorofor,  which  negotiations  tho 
company  claims  did  result  in  a  contract  binding  upon  said 
Edison  nnd  Prescott  for  tho  conveyance  of  all  their  right 
title  nnd  interest  in  audio  said  inventions  and  Lettors  Patent 
issued  thereon,  but  nil  which  claims  said  Edison  denies  nnd 
resisls,  and  refuses  to  make  any  furthor  conveyance  to  tho 
satd  company  of  his  interest  in  said  inventions  or  Letters 
Patent,  or  any  part  thereof,  in  consequonco  of  which  refusal 

79  an  notion  has  been  bogun  by  tho  company  in  tho  State  of 
Low  Jersey  against  the  said  Edison  and  Prescott  to  onforco 
specific  performance  of  tho  contract  which  it  asserts  • 

Now,  in  consideration  of  tho  premises,  and  tho  mutual 
promises  nnd  rolcases  herein  contained,  it  is  agreed  by  each 
of  the  parties  hereto  as  follows: 

-First.— Tho  Western  Union  Telegraph  Company  horeby 
rcleasos  tbo  said  Edison  from  any  claim  which  it  may  now 
or  at  any  time  horeaftor  have  against  him  for  pecuniary 


damages  for  tho  breach  of  contrnot  by  it  alleged,  ns  abovo  80 
slated,  over  nnd  above  tho  amount  of  two  hundred  nnd  fifty 
dollars,  and  ngreos  not  to  proscoutc  tho  said  Edison  for  such 
pecuniary  damages  for  any  amount  exceeding  two  hundred 
and  fifty  dollars,  nnd  not  to  prosecute  him  for  any  amount 
whatever,  unless  such  prosecution  shnll  bo,  in  tho  opinion  of 
its  counsel,  accessary  or  convenient,  in  order  to  detormino  at 
law  some  of  tho  rights  of  tho  parties  in  respect  to  the 
premises. 

Second. — Tho  said  Edison  hereby  rolcases  tho  Western  81 
Union  Telegraph  Company  from  all  claims  which  ho  now 
has  or  may  hereafter  lmvo  against  it  for  any  further  payment 
on  account  of  tho  inventions  or  Lettors  Patent  abovo  referred 
to,  or  any  right  or  interest  thoreln  which  tho  said  company 
may  succeed  in  establishing  or  maintaining,  it  being  under¬ 
stood  Hint  neither  party  intends  in  any  way  to  waive  or 
compromise  his  claim  or  defence  in  respect  to  tho  contro¬ 
versies  abovo  recited,  oxcopt  ns  heroin  expressly  staled. 

And  said  Edison  also  horeby  oonsonts  thntsnid  Gcorgo  B. 
Prescott  may  assign  any  interest  wbioli  ho  may  now  or  82 
horeaftor  have  in  said  inventions,  or  Letters  Patent  thoreon, 
to  the  Western  Union  Telegraph  Company,  and  does  for 
himself  hereby  assign  nnd  set  over  to  tho  Western  Union 
Telegraph  Company  all  his  now  remaining  interest,  if  any, 
in  tho  said  inventions  or  Letters  Patent  granted  or  to  bo 
granted  thoreon,  nnd  does  further  stipulate,  upon  tho  ro- 
quest  nnd  at  tho  chnrgo  of  tho  said  Western  Union  Tolo- 
graph  Company,  to  execute  and  dolivor  to  them  complete 
assignments  of  all  the  remaining  interest,  if  any,  which 
may,  by  the  final  judgment  of  any  competent  court,  bo  do-  83 
cidod  to  bo  in  him  at  tho  date  of  this  instrument,  but  it  boing 
also  furthor  understood  that  this  contract  docs  not  and  is  not 
intended  to  affect  tho  rights  or  interests  of  any  other  person 
or  corporation  to  whom  tho  said  Edison  has  heretofore 
assigned  interests  in  tho  said  inventions  or  Letters  Patent. 

In  witness  whereof,  the  said  Western  Union  Tolegraph 
Company  has  caused  its  common  seal  to  bo  hereunto  affixed, 
and  its  corporate  name  to  bo  hereunto  subscribed  by  tho 


22 

1  lmml  of  its  President,  and  the  said  Edison  lias  hereunto  set 
his  hand  and  seal,  tho  fourteenth  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  seventy-five. 

The  Westeun  Union  Tkeeguai'ii  Company, 
By  WILLIAM  OUTO.V, 


President, 


A.  E.  Biieweh, 

Sce'ij, 

THOMAS  A.  EDISON,  [i,  s.] 

Witnesses : 

5  Thomas  0.  Millf.h, 

Geohge  F.  Fagan. 


Dcfcndnnt’s  Exhibit  30.— May  3,  1877. 
| eg  2~Y-  Agreement  between  Edison  tmtl  Prescott. 


This  memorandum  of  an  ngreomont  made  tho  9th  day  of 
July,  1874,  by  and  botweeu  Thomas  A.  Edison  and  George 
0  B.  Prescott,  witnessed) : 

Whereas,  tho  said  Edison  and  Prescott  are  tho  joint  in¬ 
ventors  of  certain  improvements  in  telegraphic  apparatus, 
described  as  magnotic  duplex  apparatus,  being  tho  inven¬ 
tions  and  improvements  moro  particularly  described  here¬ 
after,  for  which  inventions  thoy  are  about  to  npply  for  Lot- 
tors  Patent  of  tho  United  States,  to  be  issued  to  them  jointly; 

And  whereas,  it  is  desired  by  both  parties  to  enter 
into  cortain  engagements  with  cncli  other  ns  to  their  rcspcc- 
j7  tivo  interests  in  such  patents,  and  in  tho  use  and  benefit 
thereof;  . 

Now,  in  consideration  of  ono  dollnr  to  oaeli  of  said  par¬ 
ties  by  the  other  paid  before  the  sealing  and  delivery  hereof, 
and  tho  receipt  of  which  is  hereby  by  each  of  them  acknowl¬ 
edged,  it  is  covenanted  and  agreed  by  each  of  said  parties 
-  with  tho  other  ns  follows : 

1.  That  tho  improvements  and  inventions  of  which  they 
nro  tho  joint  inventors,  and  ill  respect  to  which  this  agree- 


mont  is  made,  are  all  those  inventions  for  making  multiple  88 
transmission  of  magnetic  signals  for  use  in  telegraphy  which 
nro  described  in  twelve  several  specifications  now  in  tho 
lmnds  of  George  M.  Phelps  for  tho  purpose  of  making  mod- 
■  els  of  tho  machinery  whereby  such  inventions  can  bo  oper¬ 
ated,  and  being  all  the  inventions  of  said  parties  whereby', 
at  tho  same  time  and  on  tho  snmo  wiro,  ono  message  may  bo 
sent  in  ono  direction  and  ono  message  in  the  opposite  direc¬ 
tion,  or  two  messages  at  onco  in  the  snmo  direction ;  or,  at 
tho  same  time  and  on  tho  same  wire,  two  messages  may  bo 
sent  in  ono  direction  and  two  messages  in  tho  opposite  di-  89 

2.  That  both  of  thorn  shall  lmvo  an  equal,  undivided  in¬ 
terest  in  all  future  improvements  of  cither  of  said  inventions 
which  may  bo  mndo  by  cither  of  thorn,  and  Hint,  if  it  bo 
necessary,  in  order  to  sccuro  such  interest  to  cither,  tho  otlior 
shall  make  an  assignment  and  transfer  of  such  interest  to 
him  in  duo  form,  sufficient  to  vest  such  interest  in  him,  and 
to  entitle  it  to  bo  recorded  in  tho  United  States  Patent 

8.  That  both  of  tho  parties  shall  lmvo  an  oqunl  undivided  90 
interest  and  bo  joint  grantees  of  all  Lettors  Patent  of  tho 
United  States  or  of  any  foreign  countries  which  may  bo 
granted  for  all  or  nny  of  said  inventions  or  of  any  Tuturo 
improvements  thereof,  and  of  all  extensions  and  reissues  of 
nny  of  such  Loiters  Patent.  , 

'  4.  That,  whereas,  Edison  has  heretofore  oxpondod  $1,125 

for  models  and  pntont  feos,  tho  bonofit  of  whioh  ho  con¬ 
tributes  to  the  common  interest,  and  waives  reimbursement 
of  that  sum  or  of  any  part  of  it,  Prescott  hereby  agrees  to 
pay  solely  and  without  contribution  from  Edison  all  tho  91 
I  future  expense  and  cost  of  specifications,  drawings,  models, 

•ft.  Patent  Office  fees,  and  patent  solicitors  and  agents  fees,  and 
I  nll  other  charges  incident  to  tho  procuring  of  Letters  1  atent 
for  any  of  said  inventions.  .  , 

i  6  That  neither  of  said  parties  will  soil,  assign,  or  othor- 
I  wise  dispose  of  the  whole  or  nny  part  of  his  interest tin .stud 
I  inventions  or  Letters  Patent  therefor  or  any  of  them  with- 
|  ut  tho  written  consent  therolo  first  obtained  of  tho  othor 


24 


92  G.  Tlmt  neither  of  said  parties  will  himself  manufacture, 
use  or  sell,  nor  grant  liconscs  or  the  right  in  any  way  to 
any  other  party  to  manufacture,  use  or  sell  any  of  the  said 
inventions  or  any  improvements  thereof,  or  any  machine 
embodying  an  article  containing  any  of  said  inventions  or  4 
improvements  or  protected  by  any  of  said  Letters  Patent, 
Without  the  written  consent  first  obtained  of  the  other 
party. 

7.  No  saio  of  any  of  the  said  inventions  nnd  no  license 
or  right  to  make  or  use  the  same  in  any  way  shell  ho  made 

93  or  given  except  at  a  price  to  which  both  parties  agree,  nnd 
all  net  profits  shall  bo  equally  divided  botween  the  parties  , 
hereto. 

8.  Tito  covenants  nnd  provisions  of  this  agreement  bind¬ 
ing  cither  of  tho  parties  hereto  shall  also  bind  his  oxccutors, 
administrators  nnd  assigns. 

In  witness  whorcof,  the  said  pnrtios  hnvo  horounto  sot 
tlioir  hands  nnd  seals  tho  day  and  year  first  nbovo  written. 

THOMAS  A.  EDISON,  [seal.]  ' 
GE011GE  B.  PllESCOTT.  [seal.] 

94  Scnlod  nnd  delivered ) 

in  tho  presonce  of ) 

11.  H.  llOOIIESTElt. 

County  of  New  York,  ss. 

On  this  ninth  day  of  July,  in  tho  year  ono  thousand  eight 
hundred  and  soventy-four,  beforo  mo  personally  eanio;' 
Thomas  A.  Edison  nnd  Georgo  B.  Prescott,  to  mo  known 
to  be  the  individuals  described  in  nnd  who  cxocutcd  tho 
foregoing  instrument,  and  severally  noknowlcdgod  that  they 

05  executed  the  samo  for  the  purposes  therein  mentioned. 

B.  H.  llOOHESTEll, 

Notary  Public, 

N.  Y.  Co.  (84.) 


Defendants’  Exhibit  31.— May  4,  1877. 


TEST  OF  AUTOMATIC  SYSTEM  OF  TELEGBAPHY 

BETWEEN  NEW  YOUK  AND  WASHINGTON. 

Office  of  tiie  Automatic  TelegbaW  Co., 

New  Yoiik,  January  28,  1874. 

The  President  of  tho  Western  Union  Company  having 
sot  forth,  in  a  published  letter,  to  tho  Postmaster-General, 
uudordato  of  December  27, 1873,  concerning  the  nutomntio  Q7 
or  fast  system : 

1st.  That  tho  nutomntio  system  is  slowor  than  tho 
Morse. 

2d.  That  it  requires  five  times  ns  many  operators. 

3d.  That  consequently  it  is  more  expensive. 

Tho  nutomntio  company  doterminod  to  test  tho  accuracy 
of  theso  statements  by  a  public  demonstration  ovor  their 
lino  of  ono  wiro  between  Washington  and  Now  York. 

The  trial  took  place  on  tho  evening  of  tho  27th  lust.  _ 

By  invitation,  tho  olcctrioinn  of  tho  Wcstorn  Union  08 
Company,  Mr.  Geo.  B.  Prescott,  wns  present  m  Now  York, 
and  Mr.  Whitnoy,  manager  of  tho  Western  Union  olhoo, 
Washington,  D.  C.,  was  at  that  end.  In  addition,  thero 
were  present  in  tho  Now  York  oflioe,  Hon.  Hiram  Barney, 

Gen.  J.  tt  Wilson,  H.  G.  Pearson,  Assistant  Postmaster, 
nnd  Mr.  Hind, mu..,  also  of  tho  Post-office  Department, 
New  York,  J.  G.  Smith,  Gouornl  Superintendent  of  tho 
Franklin  Telegraph  Company,  nnd  several  others  |  and  in 
tho  Washington  office,  Mr.  Linos,  of  tho  Post-office  De- 
pertinent,  and  Cnpt.  Howgato,  United  States  Signal  Corps,  99 
and  others. 

The  matter  transmitted  wns  tho  Presidents  Into  inessago, 
with-  tho  Spanish  protocol  attnohed,  numbering  11,140 
words  •  it  having  been  selected  in  consequonco  of  the  de¬ 
claration  that  its  transmission  over  eight  wires,  by  the 
Western  Union  Company  on  Deeemher  2,  1878,  in 
sovonty  minutes,  was  a  feat  unparalleled  in  telegraphy. 


26 


100  Tho  work  commenced  in  Washington  at  6:89  P.  M., 
tlirco  minutes  dillcronco  in  time  of  oommoiicing,  as  re¬ 
ported  in  New  York  and  Washington,  hut  whole  timo 
occupied  tho  same.  The  document  was  coined  complete  in 
New  York  at  0:48  P.  M.,  occupying  in  all  but  69  minutes, 
ns  against  70  minutes,  tho  time  consumed  by  the  Western 
Union  Company.  The  average  time  was  551  minutes,  as 
against  69  minutes  by  tho  Western  Union  Company. 

The  automulic  used  but  one  wire  ;  tho  Western  Union 
Company  used  eight, 

101  Tho  automatic  used  ton  perforators,  thirteen  copyists  and 
two  Morso  operators,  ns  against  sixteen  export  Morse  ope¬ 
rators  by  tho  Western  Union — tho  average  pay  of  per¬ 
forators  and  copyists  being  $10  per  month — all  of  which 
details  are  shown  in  the  accompanying  report. 

In  tho  demonstrations  made,  let  it  bo  borno  in  mind  that 
on  the  one  side  tho  work  was  dono  by  tho  ablest  exports  in 
tho  world,  and  a  company  with  years  of  experience.  On 
tho  other  side,  except  tho  Morso  operators  necessary  to 
manipulate  tho  wire,  our  forco  had  not  that  experience 

102  which  is  requisite  for  expertness. 

Tho  people  are  interested  only  in  knowing  whethor  tho 
capacity  and  economy  of  the  automatic  system  are  to  inure 
to  their  benefit,  Tho  following  comparison  of  our  charges 
with  the  tariff  of  tho  Westorn  Union  Company,  is  our 
reply: 

Automatic  Tariff. 

New  York,  Philadelphia,  Baltimore,  Washington.  Uni¬ 
form  charge,  25  cents  for  20  words. 

108  Western  Union  Tariff. 

Now  York  to  Philadelphia,  20  words,  60  cents. 

'  “  “  Baltimore,  20  words,  70  “ 

“  “  Washington,  20  words,  70  “ 

And  these  advantages  will  bo  extended  relatively  ns  wo 
extend  our  circuits. 

GEORGE  HABRINGTON, 
President. 


r 


General  Office  of  the  Automatic  Telegraph  1  104 
Company,  66  Broadway,  J- 

New  York,  January  2S,  1874. ) 
lion.  George  Harrington,  President. 

Sir  :  I  respectfully  submit  tho  following  report  of  tho 
work  done  in  tho  demonstration  made  on  Tuesday  ovoning, 
January  27th,  as  per  your  instructions  of  prior  date.  Tho 
matter  selected  for  the  purpose  was  tho  President’s  into  mes¬ 
sage  and  the  Spanish  protocol. 


STATEMENT.  105 

Matter  transmitted . 11.130  words. 

Length  of  circuit .  281  miles. 

Conductors  used .  1  wirc* 


. .  I  Morso  operator .  1  25  oporativi 

Washington,  j  perf0rntiiig  operatives. .  .10, 


.  t  Porforatingoommonoed... 5.80.. 4oi  Total 

Washington.  j  perforating  completed . . .  0.24} .  time, 
,r  ,  Copying  commenced. .. .  6.4- ..  .  u“ 

Now  York,  i  rwinv  comnlotcd .  0.48.. 66  mins. 


Cost. 


,,  . $100  por  month. 

Morso  operators . . .  9  40  “  “ 

Automatic  operatives . 


Tho  characters  wore  perfectly  legible 
and  wore  copiod  with  great  facility. 

Tho  avcra"0  timo  during  which  tho 
lives  wore  actually  at  work  was  fortyfiv 


and  well  dofinod, 

perforating  opera- 
e  nnd  a  half  min- 


in  averago  per  operative,  poi  mmuie,  in 


^VTlio°avorago  timo  of  copyists  was  fifty  minutes,  making 
an  average  por  copyist  por  minuto  of  seventeen  words. 


107 


108  Unlike  the  Western  Union  Co.  wo  hnd  no  largo  corps  of 
operators  from  which  to  select  our  working  force,  but  wero 
compelled  to  utilize  all,  good,  bad  and  indill’eront,  which 
makes  it  proper  to  call  special  attention  to  the  above  an 
alysis  made.  ■ 

The  whole  time  consumed  was  sixty-nine  minutes,  as 
against  tho  published  record  of  seventy  minutes  by  the 
Westorn  Union  in  their  late  effort, 

Tho  average  time  occupied  by  tho  Automatic  was  fifty- 
five  and  a  half  minutes. 

109  The  average  timo  occupied  by  the  Western  Union  (ns  re¬ 
ported)  was  fifty-nine  minutes. 

An  unfortunnto  defect  in  tho  paper  caused  much  delay 
in  tho-  transmission,  otherwise  still  less  timo  would  liavo 
been  consumed.  No  nttempt,  however,  wns  mndo  to  attain 
a  high  speed  of  transmision  on  this  occasion,  ns  thnt  point 
hnd  already  been  yielded  and  incontestably  provod  in  tho 
presence  of  tho  Hon.  Jno.  A.  Crosswoll,  Postmaster-General, 
and  numerous  otlior  gontlcmon,  including  Senators  and 
Representatives  in  Congress,  on  the  evening  of  December 

110  11th,  1878,  when  wo  transmitted  somo  1,200  words  over 
our  own  wire  from  Washington  to  Now  York  in  twenty- 
two  and  half  minutes. 

Our  operatives  wero  congregated  at  'Washington  and 
Now  York  on  Monday,  January  20th,  and  wore  tested  for 
tho  first  timo  on  tho  evening  of  thnt  day.  I  call  attention 
to  this  in  anticipation  of  tho  charge  thnt  tho  timo  which  has 
elapsed  since  tho  publishing  of  tho  messago  has  been 
provod  by  our  operatives  in  practising  upon  it.  v,  :* 

With  tho  experience  gained  in  this  demonstration  I  am  \jftl 

111  confident  that  in  another  wo  could  readily  dispense  with  at  j| 
least  two  perforators  and  three  copyists,  and  yot  perform 
like  amount  of  work. 

Respectfully, 

E,  H.  JOHNSON, 

General  Manager. 

1 


hi 


New  York,  January  28, 1874.  112 

Wo  wero  present  in  tho  office  of  the  Automatic  Telegraph 
Compnny,  last  evening,  whilst  they  wero  receiving  tho  Presi¬ 
dent’s  messago  and  the  Spanish  protocol  from  Washington. 

At  5:39  P.  hh  Washington  signaled  thnt  the  perforating 
had  commenced. 

At  5:48  tho  first  portion  of  tho  messago  was  received  and 
handed  to  the  copyists. 

At  6:42  tho  last  portion  was  reooivod. 

At  6:48  tho  copying  was  finished,  tho  whole  timo  occu¬ 
pied  being  69  minutes.  113 

There  wore  thirteen  copyists  in  the  room,  but  wo  noticed 
that  two  or  threo  wero  unemployed  a  portion  of  tho  time,  so 
that  had  all  been  constantly  employed  there  would  hnvo  beon 
several  minutes  saved  in  tho  aggregate. 

Tho  writing  wns  perfectly ,  logiblo  and  the  copyists  trans¬ 
lated  with  great  facility. 

(Signed), 

JAS.  G.  SMITH, 

A.  G.  Sujtf.  A.  it  P.  anti  Franhlin  Telegraph  Cm. 

H.  G.  PEARSON,  Aesistant  Postmaster,  N.  Y.  114: 

EDWARD  W.  SERRELL,  O.  F. 

JAMES  II.  WILSON  {of  Winslow  it  IPiVson). 

HIRAM  BARNEY. 


Office  Automatic  Telegraph  Co,,  1 
Washington,  D.  C.  j 
E.  H.  Johnson,  Esq.,  General  Manager. 

At  the  tost  whioh  took  plnco  on  Tuesday  ovoning,  Janu¬ 
ary  27th,  the  late  annual  message  of  tho  President,  togother 
with  the  Spanish  protocol,  amounting  in  all  to  eleven  thou¬ 
sand  one  hundred  and  thirty  (11,180)  words,  wns  perforated 
by  ten  perforators,  and  transmitted  automatically  by  ono 
Morso  operator,  in  tho  following  timo: 


Perforating eommoneed. .  .5.36  P.  M.  1 

Perforating  completed _ 6.21  J  P.  M.  f 

Transmission  eommoneed . 5.40 1 

Transmission  completed . 6.39) 


Timo,  454  minutes. 
Time,  69  minutes. 


110  •  The  above  is  New  York  time,  as  computed  by  Washing¬ 
ton  Observatory  time. 

Respectfully, 

T.  B.  DELANEY, 
Manager. 

Having  witnessed  this  test  throughout,  we  can  certify  to 
tho  correctness  of  the  nbovo  statement. 


ROBERT  D.  LINES  ( of  Post-office  Department). 
D,  J.  GIBSON,  U.  &  A.,  Acting  Signal  Officer. 
H.  W.  HOIVGATE,  U.  S.  A. 

J.  H.  LAl'HROP. 


Defendant’s  Exhibit  32 _ May  11,  1877. 

118  [Copy.] 

New  York,  Dec’r  30,  ’7-1. 

It  is  lioroby  understood  that  tho  undersigned  will  heart¬ 
ily  cooperate  in  concluding  au  alliance  botwcon  the  A.  & 
P.  Tel.  Co.  and  the  Automatic  System,  on  tho  general 
bnsis  following: 

A.  k  P.  to  increase  her  capital  to  $15,000,000 


119  Automatic  interests  to  roeeivo  <1,000,000 

To  remain  in  Treasury,  .  1,000,000 

$5,000,000 

Tho  14,000  Shares  A.  k  P.  now  in  tho  Co.’s  Treasury 
to  bo  distributed  to  tho  A.  k  P.  Stockholders  as  a  dividend. 
Automatic  System  covering  Patents,  Contracts,  etc.  etc.  to 
bo  turned  over  to  A.  k  P.  Tel.  Co.  Management  to  bo 


Gen'l  T.  T.  Eckert  to  be  President. 

T.  A.  Edison  to  bo  Electrician. 

D.  H.  Craig  to  organize  tho  nows  Doplmt. 

Tho  Automatic  are  to  coneludo  tho  ponding  Contracts 
with  Eric,  P.  R.  R.  and  B,  k  O.  k  turn  thorn  over  to  A. 

&  P.  Tho  A.  &  P.  Tel.  Co.  to  nssunio  tho  liabilities  under 
said  contracts.  Automatic  to  lmvo  representation  on  Ex¬ 
ecutive  Conimittoe.  l! 

Jay  Gould.  Josiaii  C.  Reiff.  Jno.  MoMauus. 


Defendant’s  Exhibit  32n.— May  11,  1877. 

Libor  H‘»  p.  138. 

Whereas  Letters  Pntont  of  tho  United  States  havo  been 
duly  granted  for  inventions  of  Thomas  A.  Edison,  of  Now- 
ark,  N.  J.,  ns  follows:  j 

No.  121,601,  dated  Dec.  5,  1871,  for  an  Apparatus  for 
Perforating  Paper  for  Telegraphic  purposes. 

No.  128,984,  dated  February  27th,  1872,  for  Telegraph 
Apparatus. 

No.  124,800,  dated  March  22d,  1872,  for  a  Tclcgrnphio 
Recording  Instrument. 

No.  138,841,  dated  Deo.  10th,  1872,  for  a  Typo  Writing 
Machine. 

No.  132,456,  dated  October  22d,  1872,  for  Apparatus  for 
for  Perforating  Paper  for  Telegraph  use.  II 

No.  182,456,  dated  October  22d,  1872,  for  Paper  for 
Chemical  Telegraphs. 

No.  133,019,  dnted  November  12th,  1872,  for  an  Elec¬ 
trical  Printing  Machine. 

No.  134,  867,  dnted  January  14th,  1878,  for  Improve¬ 
ments  in  Chemical  Telegraphs. 

No.  184,868,  dated  January  14th,  1878,  for  Electro 
Magnetic  Adjuster. 


124  No.  141,772,  dated  August  12lb,  1878,  for  Telegraphic 
Circuits. 

No.  185,581,  dated  February  4th,  1878,  for  Telegraphic 
Circuits. 

No.  141,776,  dated  August  12,  1878,  for  Telegraphic 
Circuits. 

No.  160,848,  dated  May  12,  1874,  for  Telegraphic 
Circuits. 

No.  141,778,  dated  August  12,  1878,  for  Circuits  for 
Chemical  Tolographs. 

125  N<v  141'775’ doted  August  12,  1878,  for  Apparatus  for 
Perforating  Paper. 

No.  141,774,  dated  August  12,  1878,  for  Improvement 
in  Chemical  Telegraphs. 

No.  141,777,  dated  August  12,  1878,  for  Telegraph 
Instruments. 

No.  150,847,  dated  May  12,  1874,  for  Receiving  Instru¬ 
ment  for  Chemical  Telegraphs. 

No.  147,812,  dated  Feby.  10,  1874,  for  Apparatus  for 
Perforating  Paper. 

ion  147>814,  dated  Feby.  10,  1874,  for  Circuits  for 
Chemical  Telegraphs. 

No.  147,818,  dated  Feby.  10,  1874,  for  Improvement  in 
Chemical  Telegraphs. 

hio.  147,811,  dated  Feby,  10,  1874,  for  Improvements  in 
Chemical  Tolographs. 

No.  161,209,  dated  May  26, 1874,  for  Automatic  Tolo¬ 
graphs. 

« l-.fl  I3*0'.  i68’  848.  dated  Novombcr  17,  1874,  for  Duplex 
—  1 1  i  Chemical  Telegraphs. 

127  „,'Na.  160'402’  d,ltC!d  ltnro11  2.  1875,  for 'Solutions  for 
Chemical  Telegraph  Paper. 

No.  160,403,  dated  March  2,  1875,  for  Solutions  for 
Chemical  Telegraph  Paper. 

No.  160,404,  dated  March  2,  1875,  for  Solutions  for 
Chemical  U  elcgrapli  Paper. 

No.  160,405,  dated  March  2, 1875,  for  Adjusting  Electro 
Magnets  for  Relays. 

And  the  said  Thomas  A.  Edison  has  made  application 
for  Letters  Patont  as  follows : 


(Solutions  for  Chemical  Paper  filed  Juno  4,  1874,  and  loa 
allowed  September  14,  1874. 

Improvements  in  Chemical  Telegraphs  dated  Juno  1, 
i  1874,  and  filed  July  26,  1874,  being  Application  Number 

]  Improvements  in  Chemical  Tolographs  dated  Juno  1, 

1874,  and  filed  July  26,  1874.  Application  No.  89. 

Improvements  in  Chemical  Telegraphs  dated  Juno  1, 

1874,  and  filed  July  25,  1874.  Application  No.  90. 

I  Improvements  in  Automatic  Tolographs  dated  August 
f  7,  1874,  and  filed  January  16,  1875.  Application  No.  92.  p29 
Improvements  in  Automatic  Telegraphs  dated  Jan.  18, 

1875,  and  filed  Jail.  27, 1876.  Application  No.  103. 

Improvements  in  Automatic  Telegraphs  dated  August 
7,  1874,  and  filed  Jan.  16,  1876.  Application  No.  98. 

Solutions  for  Chemical  Paper  dated  August  14,  1874, 
and  filed  Jan.  16, 1876,  being  Application  No.  102. 

Automatic  Telegraph  Instrument  dated  Jan.  18,  1876, 
and  filed  Jan.  26, 1876.  Application  No.  104. 

Recording  Points  for  Telegraphs  datod  Jan.  18,  1876, 
nnd  filed  Jan.  26,  1875.  Application  No.  105.  ls0 

Preparing  OhomienI  Paper,  datod  Jan.  18,  1875,  nnd 
filed  Jan.  26,  1875.  Application  No.  106. 

Automntio  Telegraphs  dated  Jan.  19,  1876,  and  filed 
Jan.  27,  1876.  Application  No.  107. 

Automntio  Telegraphs  dated  Jnn.  18,  1875,  nnd  filed 
Jan.  26,  1876.  Application  No.  108. 

Improvements  in  Telegraphic  Apparatus  dated  Fob.  11, 

1875,  filed  Fob.  16, 1876.  Application  No.  110. 

And  whereas  tho  entiro  rights  in  nnd  to  the  said  inven- 
U  t!°"s,and  thu  loU,ors  ^tent  that  are  or  may  be  granted  isl 
thorofor,  nro  now  hold  by  virtue  of  assignments  duly  re* 
corded  in  tho  United  States  Patent  Ofiico  by  mo,  George 
Harrington,  of  ■Washington,  D.  O.,  and  tho  said  Thomas 
A.  Edison,  in  tho  proportion  of  two  thirds  by  mo  nnd  one 
third  by  tho  said  Edison. 

And  whereas  Jay  Gould,  of  tho  City  and  Stato  of  Now 
f  .  rk>  13  desirous  of  acquiring  our  entiro  rights  in  tho  said 
"  inventions  and  Letters  Patont. 

6* 


84  d 

132  And  whorcns  tho  said  Edison  has  duly  appointed  mo,  I 

tlio  said  Harrington,  bis  truo  and  lawful  attorney  in  rela-  I 

tion  to  bis  inventions  and  patents.  1 

Now  this  indenture  witnessed],  that  for  and  in  eon.  ft 
sideration  of  tlm  sum  of  one  dollar  to  mo  paid,  the  j 
receipt  of  wbicb  is  hereby  acknowledged,  I,  tho  said  Georgo 
Harrington,  for  myself  individually,  and  as  attorney  for  the 
said  Thomas  A.  Edison,  have  sold  and  assigned,  and  do  by  ' 
these  presents  assign,  transfer,  sot  over  ntid  convoy  unto  1  j 
138  tlio  snid  Jny  Gould  tho  entire  right,  title  and  interest  of  J 
every  character  into,  under  and  connected  with  tho  said  in-  J 
volitions,  and  tho  Letters  Patent  that  have  been  or  may  |  . 
. .....  bo  granted  therefor,  for  the  use  and  behoof  of  tho  t 

said  Jny  Gould  or  his  legal  representatives,  ns  fully  and  3 
entirely  ns  the  same  would  have  been  hold  by  myself  or  j 
tlio  said  Edison,  lmd  this  assignment  and  salo  not  been 
made.  I 


In  witness  whereof,  I,  tlio  snid  George  Harrington,  liavo 
134  hereunto  sot  my  hand  and  seal  this  ninth  day  of  April 
A.  D.  1875.  1  ’ 


Recorded 
Hay  7,  1875. 

Witnesses. 

0.  B.  Harrington. 
James  Horton. 


GEO.  HARRINGTON,  [seal.] 
for  self  and  ns  tho  duly  con¬ 
stituted  Altoruoy  of  Thomas 
A.  Edison.  [seal,] 


185 


Dcfcudunt’s  Exhibit  32b. — May  11,  1877. 

In  consideration  of  one  dollar  to  mo  paid,  tho  receipt  of 
which  is  hereby  acknowledged,  I,  Thomas  A.  Edison,  do 
hereby  approve,  ratify  and  confirm  tho  above  transfer  from 
•  George  Harrington  to  Jay  Gould,  so  far  as  relates  to  my 
rights  m  the  said  inventions  and  Letters  Patent. 


As  witness  my  hand  and  seal  this  fifteenth  day  of  April,  186 
1875. 

TriOS.  A,  EDISON,  [seal.] 

Witness. 

E.  J.  IClLBOUItNE. 

C.  B.  IIahiuxgton. 


Dofcndimt’s  Exhibit  32c.— May  11, 1877. 

[Copy.]  187 

New  York,  April  16, 1875. 

Sir : 

I  hand  you  herewith  a  specific  assignment  of  each  and 
every  patent  and  application  for  patents,  oovoring  all  of  • 

T.  A.  Edison's  inventions  for  automatic  telegraphy,  and 
whereby  tlio  full  and  complete  title  invests. 

Tim  consideration  to  bo  paid  therefor  is  thirty-one  thou¬ 
sand  eight  hundred  shares  of  the  stock  of  the  Atlantic  & 
Pacific  Telegraph  Company. 

I  will  thank  you  to  withhold  tho  within  assignment  138 
until  tho  Atlantic  k  Pacific  Telegraph  Company  shall  de¬ 
liver  to  you  the  snid  shares  of  their  stock,  when  tho  assign¬ 
ment  will  bo  delivered  (o  thorn. 

These  slinrcs  you  plonso  hold  subject  to  delivery  to  tho 
following  named  parties: 

John  McManus . Reading,  Pn .  43  shares. 

Soyfert,  McManus  <fc  Co.,  Pliiln .  4,698  do. 

Wm.  M.  Soyfort . Pliiln .  820  do. 

Win.  J.  Palmer . -...Colorado .  540  do. 

John  Elliot . Riggs  &  Co.,  N.Y..  200  do.  139 

H.  C.  Dnllett,  Jr. . Philo .  6'j  do. 

E.  Corning . Albany .  80  do. 

James  Dnllett,  Trustco.  ..Pliiln .  120  do. 

Alex.  Morton . N.  Y.,  80  Broadway.  40  do. 

J.  J.  Marsh . Haverhill,  Mass. . .  60  do. 

Snm’l  B.  Parsons . Flushing. .  500  do. 

J.  C.  Reift' . Now  York .  7,057  do. 

A.  &  P.  Telegraph  Co .  1,400  do. 


« 


140  T,  A.  Edison . 

J.  0.  Hoifl)  Sco'y . 

Goo.  Harrington . 


■ . .  8,000  si  litres, 

••  1,428  do. 
...12,254  do. 


31,800  do. 

tnnte“  ”*'***  °f  pnl'tics  sl,nU  bo  ywr  full  acquit-  ' 
Very  respectfully,  :  I 

U1  _  „  GEO.  HA  11  RING  TON.  , 

m  Jay  Gould,  Esq.  j 

T  „„  m'v  y°«k,  April  10,  >75. 

srrsL' °nr--ay  GmM- * i  r 

ii,r;  r"°m  -w* 

'.mo  trouble  and  services  in  connect 
be  required  to  reimburse  *  I  Uttmngtol>.  shall 

money  tnaybavo  been  advaLedX^ufe.natien  ^ 

upon  tbe  basis  of  four  in  A.  &  P  steel-  to  n  r  pU.rpT* 

IS  to  lbo  soveral  atnounts'as  btl^b nb"  “““ 
THOS.  A,  EDISON. 


Scfcmlnnt’s  Exhibit  82(1 _ May  ll,  1877.  144 

Whereas  tho  Directors  of  the  Automatio  Telegraph  Com¬ 
pany,  at  a  mooting  specially  convened  for  the  purpose,  and 
bold  on  the  8th  of  April,  A.  D.  1875,  at  which  more  than 
three  fifths  of  tho  whole  Board  were  present,  unanimously 
authorized  and  approved  tho  sale  and  transfer  to  tho  At¬ 
lantic  &  Pacific  Telegraph  Company  of  all  tho  rights,  titles 
and  interests  of  tho  said  Automatio  Telegraph  Company  in 
and  to  tho  telegraph  lino  running  from  Hew  York  to 
Washington,  Hist,  of  Columbia,  including  cables  and  all 
other  property  attaching  thereto,  obtained  or  acquired,  or  145 , 
to  bo  obtained  or  acquired  by  virtuo  of  a  contract  or  agree¬ 
ment  between  tho  National  Telegraph  Company  and  tho 
Automatic  Telegraph  Co,,  both  of  which  bear  date  tho  18th 
of  January,  A.  D.  1871,  and  copies  thereof  aro  lierowith. 

And  whereas  the  said  Board  of  Directors  nt  tho  said  special 
meeting  unanimously  authorized  and  approved  tho  sale  and 
transfer  to  tho  said  Atlantic  &  Pncifio  Telegraph  Co.  of  all 
tho  rights,  titles  and  interest  of  tho  Automatio  Telegraph 
Co.  in  and  to  the  Little  system  of  telegraphing,  and  in  and 
to  tho  various  patents,  doviccs  and  inventions  of  said  140 
Gcorgo  Little,  in  relation  to  or  in  connection  with  said  sys¬ 
tem,  acquired  and  obtained  or  to  bo  acquired  or  obtained 
under  and  by  virtue  of  certain  contracts  made  and  entered 
into  by  and  between  Daniel  H.  Craig  and  Georgo  Little  of 
tho  one  part,  and  the  National  Telegraph  Company  of  tho 
other  part,  bearing  date  tho  ninth  day  of  September,  A.  D. 

1800,  and  supplements  thereto,  dated  respectively  tho  10th 
January,  1870,  25th  of  April,  1870,  and  81st  of  May,  1870, 
and  tho  transfer  to  and  assumption  by  tho  said  Automatio 
Telegraph  Compnny  of  said  contracts  and  supplements,  as  147 
shown  by  a  certain  contract  or  agreement  between  said 
National  Telegraph  Company  and  Automatio  Telegraph 
Company,  bearing  dato  tho  18th  of  January,  A.  D.  1871, 
and  found  lierowith  ;  and  also  by  a  further  contraot  embrac¬ 
ing  an  exclusive  license  to  use  said  system  under  royalty, 
bearing  dato  the  0th  May,  A.  D.  1872,  also  to  be  found 
herewith ;  and  whereas  more  than  three  fifths  in  interests 
of  tho  stockholders  of  tho  said  Automatio  Telegraph  Com- 


148  pnnynt  a  mooting  hold  on  tlio  8th  April,  A  D  i87n 

Sl,Sd0On'nn°d1fOr  ?’°  pUr,)0S0'  >',>«'-i-»°«sl/nppiv5 

such,  and  confirmed  such  salo  and  transfer  • 

rcitiOj.l  and  confirmed  by  the  stockholder*?  ilui  1 

a!Sidi,^1Mr,,l'vo  c?",mitto° 

»rs s'1::', ,to  "mbi  *"■  ■*** 

mh  p._  Ul,  ^  ™- 

ntent  of  the  18th  of  January,  A.  D  8  „  =v 

lonal  Telegraph  Company,  ^Ind  a^ho  ^ht  title  5 

52 7:7  *«■  *»  »:  “* 

SSSSSSM?^ 

ss  t 

"«3Ss5SSg^ 

aJ  from'0  nSr00m0,,tS  °f  18th  J—T,  1871,  IteUw,, 

■JsJS&asaffisste-- 


D.  IT.  Craig,  a  full  and  legal  assignment  from  himself 
or  his  assigns,  of  all  interests  and  claims  in  and  upon  the 
Little  system  and  other  devices  for  Automatic  Telegraphy ; 

A  Iso  from 

Marshall  Lcllcrts  or  his  assigns,  of  all  his  claims  upon  tho 
Little  system,  and  all  the  patents  for  drop  copies  and  other 
devices  for  or  connected  with  automatic  telegraphy  now  or 
heretofore  owned  by  said  Lell'erts.  Also  irom 
Frank  Anderson,  or  Peekskill,  of  all  his  patents  and  ,-3 
inventions  for  or  connected  with  telegraphy.  Also  from  ° 
F.  J.  and  George  Grace,  of  all  their  joint  and  several 
claims  and  devices  for  fast  telegraphy. 

In  witness  whoroof,  etc.,  this  tenth  dny  of  April 
1875.  ’ 

(Signed,) 

GEORGE  EARRING  ION, 

President  Automatic  Tel  Co. 

Witness :  J.  C.  Reiff,  Sec'y. 


Defendant’s  Exhibit  32c _ May  11,  1877. 

Automatic  Tel.  Co.’s  Rooms,  i 
s.r_  N.  Y.,  April  W,  '75.  f 

I  hand  you  herewith  deed  of  Transfer  to  tho  Atlantic 
and  Pacific  Telegraph  Company  of  all  tho  rights,  titlo  and 
interest  of  this  company  in  and  to  tho  lino  of  telegraph 
reaching  from  Now  York  to  Washington,  D.  C.,  and  of  all 
tho  rights,  titlo  and  interest  of  this  company  in  and  to  tho 
patents  and  devices  of  Geo.  Little,  comprising  tho  Littlo 
system  of  telegraphy. 

The  consideration  to  bo  paid  for  a  full  and  complete  titlo 
to  said  lino  and  system,  as  set  forth,  is  eight  thousand  two 
hundred  shares  of  tho  stock  of  the  Atlantic  and  Pacific 
Telegraph  Company. 


To  the  National  Telegraph 

To  George  Little  (loom  jllvo  ^,m,ma(i  Shuras. 

a’° VwGnis !or >‘‘^q  h0"mnl  t,a 


t  r,1'S for  -mi™, ,  I 

w  (W)T„,W-<», 

•L  1'.  &  Geo.  Grace.  J _ Lluiitlroil  Shares. 

8,200 


168 


sx-sr,r . . 

Besp’y, 

GEO.  HAHRINGl’ON, 

President  Automatic  Tel.  Co. 

Defendants’  Exhibit  SS.-May  io,  1877. 

Mr.  Orton :  July  24,  1874. 

not  promptly  ^rltr^orMrJ001’  nn‘?  ,*  tlli,,k  if  Tou 
arrange  to  givo  y„„  £jf  "  a  „ T™  .Wilh  l,im  h°  ««„ 
only  confirm  your  position  1,..t  to,,ml,c>  which  will  not 
the  Presidency,  and  give  von  t\  SCC!,rc  •Jour  Election  to 

Emo^fo1 tiLTr'sf1  si Jium;  'vnnts  i°  «o  to 

tnom  within  forty-eighl  h^  STfUr0  “tio  and  -nice  paj. 
°U  y  1  WiJ1  ™ke  —Jsolf  known  to  yo°u  inS^,;1"'3 


Defendant’s  Exhibit  33n.— May  10, 1877.  1(10 

J.  G.  IIkiff,  Agent. 

Omen  Kansas  Pacific  Hah, way  Company  1 
No.  SO  H roadway,  ’  (. 

Nmv  York,  July  2 4</i,  1874,  ) 
j  Pear  Sir:  Yours  with  enclosures  just  received.  Our 
anonymous  friend  certainly  seems  to  bo  very  zealous,  re¬ 
gardless  of  authority  or  discretion  assuming  tho  role  of 
Maverick  in  tho  Bocohcr-Tilton  case.  I  told  you  in  our 
last  interview  that  I  and  my  friends' had  not  looked  in  that  101 
direction  for  a  market,  and  that  thcro  were  elements  muuli 
opposed  to  it. 

But  it  is  fair  to  presume  that  ns  you  aet  on  snob  a  com. 
munication,  and  inclose  it  to  mo  for  evidence,  you  really 
ivish  to  meet  mo  again  upon  tho  subject. 

I  will  consent,  under  tho  circumstances,  but  it  may  not  ho 
at  your  own  office. 

Hcsp'y  yours, 

JOSlArt  O.  JtKIli'K.  11)2 


Exhibit  33b.— II.  C.  V. 

K  OlTICU  1 

.  ’/«V Tip 874.) 

J.  C.  IIeifk,  Esq. 

Pear  Sir:  I  have  just  received  the  enclosed  by  mail, 
and  can  only  say  that  I  shall  be  pleased  to  see  you  this  lfl« 
afternoon,  if  you  so  desire. 

Very  respectfully, 

(Signed),  WIMJAM  OH'I'ON, 


42 


104  Exhibit  33c. — H.  C  r  TiY,,  n  . 

J.O.B EmwVll,  C.  C.  lor  Identification. 

Oitick  Kansas  Pacino  JU,urn-  0mr„. 

Ho.  80  Broadway,  C  MUSV'| 

I  apologue  JZJ°UK'  AUUWt  U’  1S7'J-  * 

wl"cli  I  imvo  l,oon  careful  to  make  !,o '.'"""V'0  e"t,Io5c(I 
only  provoke  usoloi  ,0  0  110  »*=  of,  as  it  would 

105  ■  Yours  truly,  1  cr 

To  J-  C.  FFJFF. 

Hon.  W.m.  Oiito.v.  I 


Bcfcii(iniit»s  Exhibit  33,1,-jfay  11, 187, 

50  nroculw,„j.  JUM"2a 

100  ing  ‘i'^ri-irnldVaro'nlytiirf"1^"3  1  wns  sUM’ 

800  nbo»t  it  to-day.  y  l,mo  10  wply  Hint  I  would 

^ J  I- 

Sz rr nor  10  ^°°  iL  !z°no  iir  tu‘>h" 

*7-  -  •Sissi  i 

tbo  to  come."  Wt  1  "M"  you  to  <•  flco  from 

Yory  respectfully,  ’ 

WILXIAM  OllTON. 


Defendant’s  Exhibit  34 _ May  is,  1877. 

New  Your,  FA.  1M,  1874. 


108 


If  the  arrangement  in  regard  to  tl.o  Automatic  System  of 
1  elegraphy  contemplated  by  you,  and  made  the  subject 
matter  of  my  communication  of  this  date,  shall  bo  carried 

T  r  r  y°U  ,1°  “  rn|,l0t°  transnctio".  I  I'oroby  agree,  on  be¬ 
half  ol  myself  and  associates,  to  pay  to  you  the  sum  of  one 
hundred  thousand  dollars  ($100,000)  for  your  services  out 
of  the  cash  sum  received,  as  stipulated  for,  and  that  said 
amount,  as  above,  shall  be  entered  and  charged  as  a  part  of  169 
the  sum  actually  expended  m  developing  and  launching  our 
enterprise  it  being  understood  and  agreed  that  there  shall 
bo  no  claim  whatsoever  unless  your  plans  shall  sueeoed,  tl.o 
evidence  of  which  shall  bo  the  payment  of  the  cost  monoy 
(or  .ts  satisfactory  equivalent)  of  the  enterprise,  and  the  duo 
Assignment  of  the  proportions  agreed  upon,  or  such  other 
an  a  iac  oi  t  ns  shall  bo  satisfactory  to  us. 

,,,  „  „  GEO.  HAHHINGTOiY. 

Wit.  H.  Davidou,  Esq. 

Approved — W.\r.  II.  Davidgb.  170 


Dcfemhint’s  Exhibit  34u.— May  IS,  1S77. 

Fear  Sir:  Ne""  YoiiK-  m'U  ’74. 

In  rosponso  to  the  viows  advanced  by  you  to-dav,  I  am 
frank  to  say  that  my  interest  is  purely  a  question  of  “monoy, 
and  if  you  think  you  can  present  to  us  tho  moans  of  more 
promptly  realizing  than  those  wo  now  command  I  am  ■ 
ready  to  respond. 

Our  plan,  as  long  since  determined  upon,  wns  to  bring  in 
associates  who  should  join  us  in  launching  wlmt  Im3  boon 
brought  to  a  stato  of  readiness  by  a  largo  outlay  of  monoy. 
Wo  have  so  far  perfected  our  plan  ns  to  liavo  scoured  a 
combination  and  a  market  at  a  satisfactory  price.  You  con¬ 
template  practically  the  same,  but  with  dillbront  parties  and 
dillercnt  means,  and  with  moro  immediate  returns. 


,  you  hiiouIU  secure  to  us  om- 

to  exceed  cue  million  dollars  I  ,vjll  ,  0,,,,W  »°t  , 

>i.  »4o«i.«o,!  ■  »"i  «i,„  “ 

GKO.  HAIUUNGTOX. 

173  Defendant’.-!  Inhibit  3,,.-Mny  n,  1877. 

OffiOUIT  COUNT  OF  THE  UNITED  STATES 

P0K  T1IE  «0UTJ,'!1,3f  mSTJUCT  OF  JfjiW  y011Kt 

“  ^^SM.'MrAT^r  -  - 

^isrsa 

tins  their  bill  against  The  Ul  °l  New  J°raey,  bring 

Pnl  pineo  3  ££,°  3  £  ^^3- 

State  of  New  York,  and  S,  °'v  "'  YoJ'k-  «*'  ‘ho  said 
175  %  Gould,  of  „10  s’aid  CyJ^'Tf  l'M  Sl^ 

“to  said  State  orWow  York  Wk-  11  olttaon  of 

'  "tT1” -I*.. 

ooverer  of  various  svsten  '  ?1!1'1  hivontor  or  dis- 

•-ans,  contrivances  id  d°' 'CCS*  ““1-atu, 

electric  telegraphy,  aud  the  business  of  d  !UKl  rolali"«  ,0 
3  01  tlie  transmission  of 


messages  by  electric  telegraph,  and  the  recording  and  copy-  176 
ing  of  the  same,  and  in  and  relating  to  chemically  prepared 
paper  and  •perforators  for  use  in  what  is  called  automatic  or 
fast  telegraphy,  and  otherwise  for  use  in  the  telegraph  lmsi- 
ness,  and  especially  in  regard  to  chemical  automatic  tele¬ 
graphy  and  duplex  nml  qundruplox  telegraphy. 

Which  said  inventions  wore  not,  nor  was  any  or  either 
of  them  known  or  used  by  others  before  the  inventions  or 
discovery  thereof  by  the  said  T.  A.  Edison. 

2.  That  thosaid  Edison  duly  assigned  to  tho  said  Hat-  i77 
ringtail  two  third  parts  of  oach  of  the  said  inventions. 

And  your  orators  applied  for  and  obtained  letters  patent  of 
tho  United  States  for  each  of  tho  said  inventions,  and  tho 
said  letters  patent  were  granted  to  and  issued  to  your  ora¬ 
tors  jointly,  whereby  your  orators  became  and  were  (subject 
to  tho  rights  and  interests  of  certain  other  parties  as  here¬ 
inafter  mentioned)  tho  solo  legal  owners  of  tho  said  inven¬ 
tions  and  patents  for  tho  same,  ns  by  reference  to  tho  said 
letters  patent  or  certified  copies  thereof,  here  in  court  to  bo 
produced,  will  more  fully  and  tit  large  appear.  178 

.  And  which  said  patents  bear  date  and  are  numbered  ns 
follows: 

No.  121,601,  dated  Deo.  5,  1871,  for  an  Apparatus  for 
Perforating  Paper  for  Telegraphic  Purposes. 

No.  128,08-1,  dated  February  27,  1872,  for  'Telegraph 
Apparatus. 

No.  121,800,  dated  March  22,  1872,  for  a  Telegraphic 
.Jfecordmg  Instrument. 

No.  183,811,  dated  Dee.  10.  1872,  for  a  Typo  Wrilin- 
Machine. 

No.  182,150,  dated  October  22,  1872,  for  Apparatus  for  17° 
lorforntmg  Paper  for  Telegraph  io  Use. 

No.  182,155,  dated  October  22,  1872,  for  Paper  for 
Olicmicnl  Telegraph  & 

No.  188,019,  dated  November  12,  1872,  for  tin  Klee- 
trical  Printing  Machine. 

No.  181,867,  dated  January  11,  1878,  for  Improve¬ 
ment  in  Chemical  Telegraphs. 


180  (,at0d  Jammy  U>  WS‘  for  K,ecl~  Jfag. 

CiiS,^1'772'  d,UOd  A"SUSt  12'  1373,  for  Telegraphic 
CiS,735'531'  February  4,  1873,  for  Telegraphic 

CiSitf’778'  dnt°d  Ausust  i2>  1873,  for  Telegraphic 

No.  150,848,  dated  Alav  io  1071  r 

Circuits.  y  U'  for  Telegraphic 

181  No.  141,778,  dated  Aucust  1°  1070  r  „■ 

Chemical  Telegraphs.  S  X878'  fi)r  Clrouil»  for 

1\0,  1 ‘11,775  dated  August  12  is7q  a,,.  \ 

Perforating  Paper.  ’  78’  fo1  Al>Pnrntus  for 

No.  141,774,  dated  August  12  137,1  r,„.  t 
in  Chemical  Telegraphs.  WJ|  fo‘  Improvement 

7, 0.  141,i77,  dated  August  12  1370  r 
Instruments.  1®  *8,  for  Telegraph 

No.  150,847,  dated  May  12  187 1  a,,.  .  . 

moms  for  Chemical  Telegraphs  ’  Booo,vinB 
182  pNr°'  1‘11|812,  dated  Foby.  10  187a  fo  . 

Perforating  Paper.  J  for  Apparatus  for 

Chemical  Tcl^ruphtf  l°bjr’  10’  1874,  for  Circuits  for 
Chemical  Telegraphs.  F°by'  10’  18"4'  for  Improvcmont  in 
monts  in  Chomicnl  Tolegraphs!7  ^  1SU’ r°r  lmPr°'’c- 
graphs151,20!),d,,tOd  “V  28, ‘  1874,  for  Auto.natie  Tele- 
183  ChomioaPTolograplis11  17'  18H  for  Duplex 

Cl^XSpa^0'1.2’1875-^  Solutions  for 
Chemical  Tolcgnfpl1,0^^^011  2’  187C'  r°r  Solutions  for 
ClmmiealJeSrad;i1p„;;rh  2'  1875>  Solutions  for 
Electro  Mt^nefs  for  iil^ll,0l‘  2’  1876>  r°r  Adjusting 


1  47 . 

No.  102,633,  dated  April  27,  1875,  for  Improvement  in  184 
Duplex  'Telegraph  Apparatus. 

No.  160,580,  dated  March  9,  1875,  for  Solutions  for 
Chemical  Telegraph  Paper. 

No.  160, S50,  dated  August  17,  1875,  for  Improvement 
in  Chemical  Telegraphy. 

No.  106,860,  dated  August  17,  1875,  for  Improvement 
in  Chemical  Telegraphy. 

No.  100,861,  dated  August  17,  1875,  for  Improvement 
in  Chemical  Telegraphy. 

No.  1  OS, 242,  dated  September  28,  1875,  for  Improve-  185 
incut  in  Transmitters  and  Deceivers  for  Automatic  Tele¬ 
graphs. 

No.  168,248,  dated  September  28,  1875,  for  Improve¬ 
ments  in  Automatic  Telegraphs. 

No.  108,405,  dated  September,  28,  1875,  for  Solutions 
for  Chemical  Telegraph  Paper. 

No,  108,400,  dated  October  5,  1875,  for  Solutions,  for 
Chemical  Telegraph  Paper. 

No.  108,407,  dated  October  5,  1875,  for  Improvement 
in  recording  points  for  Chemical  Telegraphs.  180 

No.  171,273,  dated  December  21,  1876,  for  Improve¬ 
ment  in  Telegraph  Apparatus. 

8.  And  your  orators  further  show,  that  tho  said  defend¬ 
ants  herein,  Tho  Atlantic  and  Pacific  Telegraph  Company, 
ire  using  tho  said  patented  inventions  and  improvements  in 
their  telegraph  offices,  in  tho  snid  City  of  Now  York,  nnd 
in  various  other  places  in  tho  United  States,  to  tho  groat 
dninngo  of  your  orators,  and  to  tho  groat  gain  nnd  advan¬ 
tage  of  tho  said  company.  187 

And  your  orators  linvo  renson  to  believe  that  tho  snid 
company  will  continue  to  use  the  snmo  in  violation  and  in¬ 
fringement  of  tho  rights  of  your  orators,  without  the  con¬ 
sent  or  authority  of  your  orators,  or  oither  of  them. 

3«.  And  tho  snid  defendants,  Tho  Atlantio  and  Pacifio 
Telegraph  Company,  pretend  and  claim  that  they  lmvo  tho 
right  to  use  tho  said  patented  inventions  or  somo  of  them 
under  nnd  by  virtuo  of  tho  following  deeds,  viz : 


49 


188  1.  A  deed  bearing  (Into  1  January,  1875,  pnrnorlinrr  to 

be  a  transfer  from  the  said  Geo.  Harrington,  in  bin  own 
right  and  as  attorney  for  said  Thomas  A.  Kdison,  to  Jay 
Gould.  J 

2.  A  deed  bearing  date  4  January,  1875,  purporting  to 
be  a  power  of  attorney  from  the  said  T.  A.  Kdhon  to  the 
said  Jay  Gould. 

8.  A  deed  bearing  date  0  January,  1870  purporting  to 
180  Jr.  Mill"  l,'°  S!lU1  E'liS0"  hyStM  001,111 

4.  A  deed  bearing  dale  11  January,  187  ,  ,r,  ort  g  to 
boa  transfer  by  the  said  Mills  to  the  Atlantic  and  Pacific 
lolcgraph  Company. 

G.  A  deed  bearing  date  9  Jraroh,  1875,  p.irporting  to  be 
a  transfer  by  the  said  Harrington  to  the  said  Gould.2 

ion'  „  ft  V?1  ^Cnrin?i!at0  0  1875,  purporting  to  bo 

190  a  transfer  by  tho  satd  Harrington  to  tl.o  said  Gould. b 

a  Lm  b,0nrh,’S  tlnt°  15  Al,riI-  187C-  Purporting  to  bo 
hansS  *  Si,U1  EdiSOI‘  °f  th0  ^  "lentioned 

applications  tor  patents  in  duplex  and  cjuadr  plex  telega 
phy,  and  filed  for  record  11  April,  1870.  “ 

’s®£ia?«3 

omnstanees;  and  in  tho  manner  hereinafter  Znltd.Tf 


which  tho  said  defendants,  The  Atlantic  and  Pacific  Tele¬ 
graph  Company,  had  full  legal  and  constructive  notice  be¬ 
fore  they  endeavored  to  acquire  any  right,  title  or  interest 
under  the  samo  or  cither  of  them. 

And  that  the  defendants  respectively  had  notice,  as 
hereinafter  mentioned,  of  tho  trusts  and  ccpiitics  hereinafter 
specified  or  referred  to,  and  well  knew  that  tho  said  Har-  102 
ringlon  did  not  in  and  by  tlio  said  deeds,  any  or  either  of 
them,  intend  to  defent,  destroy  or  impair  such  rights,  titles, 
trusts  and  equities,  or  any  part  thereof,  but  on  tho  contrary 
intended,  ns  tho  defendants  respectively  at  all  times  well 
know,  to  not  in  all  respects  in  accordance  therewith  and  for 
tho  benefit  of  tho  parties  beneficially  Interested  with  your 
orators  in  tho  said  inventions  and  improvements  and  tho 
fruits  and  proceeds  thereof. 

8b.  By  a  certain  indonturo  bearing  (Into  tho  1st  day  of 
October,  1870,  Thomas  A.  Edison  and  tho  said  Gcorgo  Har-  193 
ringlon  became  copartners  and  joint  owners  for  n  period  of 
fivo  yenrs,  of  all  inventions  made  or  to  bo  made  by  tho  said 
T.  A.  Edison  during  that  period,  in  tho  following  propor¬ 
tions,  viz:  '4 ho  snid  T.  A.  Edison  0110  third,  and  tho  said 
George  Harrington  two  thirds  of  tho  said  inventions. 

8c.  By  a  eorlnin  deed  bearing  (Into  4th  April,  1871,  it 
is  recited  that  tho  said  Edison  had  stipulated  and  agreed  with 
tho  said  Harrington  that  I10,  tho  said  Edison,  would  invent 
nnd  construct  instruments  and  machinery  that  should  suc¬ 
cessfully  develop  into  practical  uso  a  system  of  automatic 
or  fast  telegraphy,  and  that  tho  pntonts  thorofor  should  bo 
issued  to  said  Harrington  nnd  Edison  in  tho  proportionate 
interest  of  two  thirds  to  snid  Harrington  nnd  ono  third  to 
snid  Edison,  tho  whole  to  bo  under  tho  solo  control  of  tho 
snid  Harrington,  to  be  disposed  of  by  him  for  tho  mutual 
benefit  of  tho  snid  Harrington  nnd  Edison  in  the  proportions 
aforesaid.  I11  pursuance  of  tho  said  agreement,  thesaid  T.  A. 
Edison  did,  by  tho  snid  deed,  assign  to  tiro  snid  George  Har¬ 
rington  two  third  parts  of  tho  patents  nnd  inventions  thoroin 
mentioned,  and  gave  to  tho  snid  Gcorgo  Harrington  power 
to  dispose  of  the  remaining  ono  third,  which  said  power  was 
7* 


\ 


so  given  to  the  said  Harrington  in  order  to  prevent  any 
separation  of  the  interests  under  llio  said  patents  and  in¬ 
ventions,  and  so  Hint  tbo  samo  should  bo  disposed  of  for 
the  benetit  of  tbo  said  Harrington  and  Edison,  and  other 
parties  interested  therein,  ns  herein  mentioned;  and  so  that 
no  one  bnving  any  interest  in  the  said  patents  should  he 
able,  acting  separately,  to  use  or  grant  any  license  or  au¬ 
thority  to  use  the  said  inventions,  or  any  of  them,  or  any 
part  thereof,  to  the  prejudice  and  dnmngc  of  the  other  par- 
105  ties  interested  therein,  or  in  the  fruits  and  prceeeds  thereof, 
And  accordingly  it  is  in  and  by  the  said  deed  declared 
tlint  the  said  1'.  A,  Edison  was  desirous  of  obtaining  tho  co¬ 
operation  and  assistance  of  the  said  Gcorgo  Harrington  in 
disposing  of  his,  tho  said  T.  A.  Edison’s,  one  third  interest 
as  beforo  recited  in  tho  said  instrument,  and  for  tho  purpose 
of  united  and  harmonious  notion  innegotinting  for  its  use 
or  snlo  and  transfer  by  or  to  others,  in  conjunction  with 
his,  tho  said  Gcorgo  Harrington’s  own.  And  tlint  there¬ 
fore  the  said  T,  A.  Edison  did,  by  tho  said  instrument  coit¬ 
ion  Sti.‘!l!°  Tl  nl)I,0,’nt  l'10  s"'d  George  Harrington  his,  the 
100  said  1.  A.  Edison's,  true  and  lawful  and  only  attorney  irre- 
,y,oc"b*u’!osdI  ,nlltl  transfer  and  convoy  all  of  tho  said 
I.  A.  Edison’s  rights,  titles  and  interests  in  and  to  any  and 
all  of  his  said  inventions,  and  that  tho  said  T.  A.  Edison 
thereby  divested  himself  of,  and  invested  tho  said  George 
Ha  rung  ton  with  all  tho  powers  necessary  in  tho  premises, 
fully  and  completely  to  carry  out  the  purposes  and  inten¬ 
tions  therein  set  forth. 

The  said  deed  was  recorded  in  the  Patent  office,  Hay  0, 
iYol)  "  C°Py  tbCrCOf  'S  ll0roto  nPP°»d«l,  being  Exhibit 

107  Tn4;  iTnC ^G“re°  Hnrri,’Slon  associated  with  himself 
Jos  ah  CHcifi,  Soy  fort,  McManus  &  Company,  William  J. 
Rdmcr,  Henry  0.  Dallett,  Junior,  and  others  as  herein- 
after  mentioned,  for  the  purpose  of  developing  tho  said  in- 
ve m  o  ,s  0f  tho  said  T.  A.  Edison.  And  it  was  agreed  by 
a  d  between  them  and  the  said  Harrington  and  Edison, 
that  they,  the  said  Harrington  and  Edison,  and  the  said 
eift  and  others,  as  aforesaid,  should  ho  and  they  became 


ontitlod  to  certain  shares  of  tho  fruits  and  proceeds  of  such  198 
inventions,  and  of  tho  patonts  therefor,  in  proportion  to 
their  contributions  of  the  funds  expended  for  tho  purposes 
aforesaid,  but  that  tho  title  to  and  powor  to  dispose  of  tho 
said  patents  should  ho  held  by  tho  said  Harrington  in  trust 
as  aforesaid,  in  order  to  prevent  any  division  or  separation 
or  tho  title  thereto,  to  the  detriment  of  tho  parties  interested 
ns  aforesaid. 

5.  Tho  said  invontions  made  by  tho  said  T.  A.  Edison  in 
electric  telegraphy,  including  apparatus  for  perforating  199 
paper,  and  tho  preparation  of  paper  for  chemical  telo- 
grnphy.'nnd  machinery  for  typo-writing,  &o.,  woro  mado  by 
tho  said  T.  A.  Edison  under  and  in  pursuance  ot  tho  said 
arrangement  with  him,  and  aro  included  in  tho  said  deed  of 
tho  4th  April,  1871,  and  tho  said  patonts  liavo  been  issued 
to  the  said  George  Harrington  and  T.  A.  Edison  jointly. 

And  in  pursuance  of  tho  provisions  of  tho  said  deed  of  4th 
April,  1871,  the  formal  written  applications  of  the  said  Edi- 
son  to  tho  Patent  offico  for  said  patonts  woro  accompanied 
in  each  ease  by  a  speeifio  assignment  of  the  invontions  re-  200 
ferrod  to  in  such  applications  unto  tho  said  Edison  and  Har¬ 
rington  in  tho  proportions  aforesaid. 

And  it  was  declared  that  tho  profits  resulting  from  tho 
said  invontions  wore  to  be  divided  in  proportion  to  tho  in¬ 
terest  held  in  said  letters  patont  by  tho  said  parties. 

And  tho  said  assignments  woro  subjeot  to  tho  rights  of 
tho  said  Harrington,  under  tlio  said  power  of  attornoy 
granted  to  him  by  tho  said  Edison,  ns  to  tho  disposal  of 
his,  tho  said  Edison’s  ono  third  interest.  And  tho  said  T.  201 
A.  Edison  has  mado,  and  intends  to  maho  further  and 
other  inventions  in  electric  telegraphy,  and  has  mado 
application  for  other  patonts  for  invontions  made  by  him  at 
aforesaid,  which  have  not  yet  boon  grnntod. 

0.  Tho  title  in  and  to  tho  said  patonts  and  inventions  has 
been,  and  is  now  in  tho  said  Gcorgo  Harrington  and  T.  A. 
Edison,  in  tho  proportion  of  two  thirds  in  tho  said  Gcorgo 
Harrington,  and  tho  remaining  ouo  third  in  tho  said  T.  A. 


"02  M'son.  And  tlio  said  Gcorgo  Harrington  hold  the  titlo  to 
and  power  to  dispose  of  the  said  patonts  and  inventions  so 
as  to  preserve  tlio  unity  of  tlio  titlo  as  aforesaid.  ' 

And  it  was  originally  understood  and  agreed  that  the  said 
patents  and  inventions  should  bo  held  by  tlio  said  Gcorgo 
Harrington  m  trust,  to  be  disposed  of  for  the  benefit  of  his 
said  associates,  m  conjunction  with  himself;  in  certain  shares 
and  proportions,  such  trust  being  deemed  necessary  by' the 
aid  Harrington,  Edison,  Itciff,  and  their  associates,  to  avoid 

203  nonel'rV  liUUUiC3'  l0SS'  dftlna='°  inji'O’  consequent 
upon  the  legal  oxoreiso  of  the  power  of  disposition  held  by 
any  ono  of  several  parties  jointly  holding  the  titlo  to  a 
patont  for  an  invention. 

ti.nfS»  T?  by  T?  b°tWoon  th0  P«rtl«  aforesaid 

rnncf  d  P  ?"t3  nnd  lllvontioils  should  bo  sold  and 
Iratten  f  “  t0  C3raph  00,nPnlly  or  companies,  in  consul- 
oration  of  money,  or  stock,  or  royalties,  to  be  distributed 

204  lTeilfTnl  Tl  ^  H,,rrin='t0l|l  T.  A.  Edison,  J. 0. 

204  and  °.th?rsi  lll0,r  associates  as  nlbrosaid,  according  to 

their  several  shares,  rights,  and  interests  therein.  b 
and  inventions  have  always  been 
and  still  are  hold  by  the  said  Geoigo  Hainngto.i  in  trust  ns 

i trusted  fiom  Inno  to  tune  by  his  said  associates  with  thn 

mmseit  and  the  said  Harrington,  on  tlio  f-dtl. 
trust  mid  the  duo  performance  thereof.  And  the  said  llcilX 

sail  "t  nr°iatC3  b,lV°  SUppliud  funds  to  pay  for  ^tho 


rji,  A.  Edison,  were,  as  and  when  they  woro  so  issued,  200 
deposited  in  the  offico  of  tho  said  Harrington  and  Hoi  if 
and  their  said  associates,  as  tho  propor  depository  for 
tho  same;  and  tho  said  dcods  of  1st  Oct.,  1870,  and  4th 
April,  1871,  and  all  othor  deeds  and  documents  relating  to 
tho  said  patent  rights  and  inventions  woro  also  deposited 
in  liko  manner  for  tho  bonefit  of  tho  parties  interested 
therein,  ns  aforesaid.  And  all  the  said  patents,  deeds  and 
documents  now  remain  in  tho  said  oflico,  togethor  with  tho 
account  books,  accounts  and  vouchers  of  and  relating  to  tho 
said  trust.  207 

7.  By  a  certain  memorandum  of  agreement  bearing  date 
Wth  December,  1874,  under  tho  hands  of  Jay  Gould,  tho  said 
J.  0.  Heilf  and  John  McManus,  it  was  declared  that  it  was 
thereby  understood  that  they  should  heartily  cooperate  in 
concluding  an  allianoo  between  tho  Atlantic  and  Pacific 
'Holograph  Company  aud  the  Automntio  System  on  tho  basis 
therein  montioned.  And  it  was  therein  inontionod  that  tho 
prieo  to  bo  paid  for  tho  patents  for  the  Automntio  System, 
contracts,  otc.,  should  bo  40,000  shares  of  tho  stock  of  tho  208 
said  company.  And  it  was  provided  that  tho  said  lleill  and 
McManus,  and  their  associates,  should  participate  in  tho 
management  of  tho  affairs  of  tho  said  company,  as  therein 
montioned. 

A  copy  of  which  said  memorandum  is  appended  hereto, 
being  Exhibit  iVb.  2. 

Tho  said  memorandum  was,  with  tho  propositions  therein 
contained,  approved  aud  confirmed  by  tho  said  Gcorgo  ^ 
Harrington. 

8.  It  was  understood  and  ngreod,  by  nnd  betweon  tho 
-  said  Heiff  and  McManus  nnd  Gould,  that  tho  said  proposed 

sale  to  tho  Atlantic  and  Pacific  Tolegraph  Company  for  tho 
said  40,000  shares  of  stock  should  embrace  certain  patents 
which  had  been  granted  to  the  said  T.  A  Edison,  and  cer¬ 
tain  inventions  of  tho  said  T.  A.  Edison,  described  in  cor- 
tain  specifications  which  had  boon  filed  by  him  in  tho 
•  Patent  Office,  and  oortain  patents  and  inventions  of  Georgo 


64 

210  Little,  in  or  relating  to  cliomicnl  nutomntio  telegraphy,  and 
also  a  certain  tologrnpli  lino  from  Now  York  to  Washing, 
ton,  with  its  oilieos  ami  appurtenances. 

Iho  said  tho  Automatic  Telegraph  Company  hold  tho 
said  lines  of  (olograph  under  a  certain  contract  for  the  pur- 
chnsc  thereof  by  them  from  tho  National  Telegraph  Com. 
pany,  and  also  held  tho  right  to  use  the  said  patented  in¬ 
ventions  of  tho  said  George  Little,  under  contract  with  tho 
last  named  company  for  tho  purohaso  thereof. 

And  tho  Automatic  Tologrnpli  Company  also  held  a 

211  verbal  revocable  license  from  tho  said  Goorgo  Harrington 
with  tho  assent  of  his  said  associates,  to  uso  tho  said  inven¬ 
tions  of  tho  said  T.  A.  Edison  upon  tho  said  tologrnpli  lino. 

Shortly  after  tho  said  agroament  of  80th  December, 
1874,  was  entered  into  ns  aforesaid,  it  was  arranged  by  and 
between  tho  said  George  Harrington  and  his  said  associates 
and  tho  said  Jny  Gould,  that  tho  said  40,000  shares  to  be 
paid  for  tho  several  properties  aforesaid,  should  bo  divided 
and  apportioned  ns  follows,  viz :  that  81,800  of  tho  said 

212  shares  should  bo  paid  for  the  said  patents  and  inventions 
of  tho  said  T.  A.  Edison,  and  8,200  of  tho  said  slinros  for 
tho  rights,  titles  and  interests  ns  aforesaid  of  tho  Automatic 
Tologrnpli  Company  and  of  tho  Nntionnl  Tologrnpli  Com¬ 
pany,  and  of  tho  said  Georgo  Littlo  and  his  assigns. 

.  11  w“s  arranged  by  and  between  tho  said  Goorgo  Ear- 
rington  and  his  associates  and  the  Automatic  Tolo»raph 
Company  and  the  said  Jay  Gould,  that  tho  Atlantic  and 
Pacific  Telegraph  Company  should  liavo  tho  option  to  pur¬ 
chase  tho  said  property  on  tho  terms  aforesaid,  and  should 

218  bo  lot  into  possession  of  tho  said  telegraph  lino  and  olliocs 
and  have  temporarily  tho  right  to  uso  tho  said  inventions 
upon  their  telegraph  lines,  until  tho  completion  of  tho  said 


0.  Tho  said  Georgo  Harrington  being  in  ill  health  and 
about  to  leave  tho  United  States,  it  was  deemed  prudent 
and  advisable  to  obtain  from  him  a  transfer  of  the  said 
patents  and  inventions  of  the  said  T.  A.  Edison,  ready  to 
tako  oll'oot  upon  the  completion  of  tho  said  proposed  or 


65. 

intended  purohaso  by  the  Atlantic  and  Pacific  Telegraph  214 
Company;  and  also  a  transfer  from  the  Automatic  loo. 
graph  Company  of  its  right  and  title  as  aforesaid,  unto  the 
Atlantic  and  Pacific  Telegraph  Company,  to  bo  delivered 
upon  the  payment  by  them  of  the  said  81,800  snares,  and 
8,200  shares  of  stock,  which  they  could  not  under  their  by- 
laws  issue  without  n  compliance  with  certain  provisions 
therein  which  involved  considerable  delay. 

And  accordingly,  on  or  about  tho  0th  day  of  April, 

1876,  the  said  Georgo  Harrington,  in  tho  belief  and  ox-  21u 
,, eolation  that  tho  said  proposed  bargain,  made  on  the  SOtli 
day  of  December,  1874,  would  bo  fulfilled  by  tho  said  iho 
Atlantio  and  Pacific  Telegraph  Company,  did  individually 
and  as  nttornoy  for  tho  said  T.  A.  Edison,  execute  a  certain 
deed  bearing  date  0th  April,  1876,  purporting  to  bo  an 
assignment  to  tho  said  Jny  Gould  of  the  patents  and  inven¬ 
tions  of  tho  said  T.  A.  Edison  therein  referred  to,  for  tli0 
nominal  consideration  of  one  dollar. 

A  copy  of  which  said  last  mentioned  deed  to  appended 
hereto,  being  Exhibit  A 'o.  8.  .  .  216 

And  tho  said  deed  was  by  an  instrument  in  writing  under 
the  hand  and  seal  of  tho  said  T.  A.  Edison,  bearing  Into 
16th  April,  1876,  approved,  ratified  and  confirmed  by  the 
said  T.  A.  Edison.  . 

A  copy  of  the  last  moutioned  deed  is  hereto  npponded, 
being  Exhibit  A ro.  4. 

10.  Tho  said  Goorgo  Harrington,  on  tho  10th  day  of 
April,  1876,  handed  tho  said  deed  of  0th  April,  1876,  to 
the  said  Jay  Gould,  ns  a  trustee  or  agent  for  tho  Atlantio  217 
and  Pacifio  Telegraph  Company,  with  a  letter  from  tho  said 
George  Harrington  addressed  to  tho  said  Jay  Gould,  and 
'  signed  by  tho  said  Goorgo  Harrington,  requesting  him  to 
withhold  the  said  assignment  until  Tho  Atlantic  and  Pacific 
Telegraph  Company  should  dulivor  to  him,  the  said  Jay 
Gould,  81,800  shares  of  tho  stock  of  tho  said  company, 
and  then  to  deliver  the  said  assignment  to  thorn..  And  in 
and  by  tho  said  letter  tho  said  Jay  Gould  was  directed  to 
’  hold  tho  said  81,800  shares  of  tho  stock,  to  bo  delivered  to 


1 


66 

218  tlio  said  Georgo  Harrington,  T.  A.  Edison,  J.  0.  Roift'  nnd 
others  tmmed  therein,  in  the  shnres  nnd  proportions  therein 
mentioned,  thnt  is  to  say : 

Shares, 

Jolm  McManus .  48 

Soyfcrt,  McManus  &  Co . 4,393 

Win.  M.  Soyfert .  '320 

Win.  J.  Palmer .  040 

John  Elliott .  200 

Henry  C.  Dallett,  Junior .  60 

219  Erustus  Corning .  gO 

Carryforward . 5,944 


Brought  forward .  5,941 

James  Dallett,  Trustee .  120 

Alex.  Morhn .  45 

J.  J.  Harsh .  gg 

Samuel  B.  Parsons .  5qq 

JosiahC.  BeilF .  7  067 

220  The  Atlantic  nnd  Pacific  Telegraph  Co. . . .  l’lOO 

Thomas  A.  Edison .  3  qqq 

Josiah  C.  Beifi’,  Secretary .  1,'128 

Goorgo  Harrington . 12,204 


The  Baid  Jay  Gould  did  not  pay,  or  promise  or  agree 
to  pay  to  the  said  Georgo  Harrington  any  consideration 
whatever  for  the  said  assignment  to  the  said  Jay  Gould  of 
221  the  said  patent  rights,  held  by  tho  said  Georgo  Harrington 
in  trust  as  aforesaid.  Nor  did  tho  said  Jay  Gould  pay,  or 
promise  or  agree  to  pay  to  tho  said  Thomas  A.  Edison 
any  consideration  whatever  for  his  said  ratification  thereof. 
Nor  did  tho  said  Jay  Gould  promiso  or  agree  that  tho  At¬ 
lantic  and  Pacific  Telegraph  Company  should  pay  any 
consideration  therefor.  Nor  did  tho  Atlantic  nnd  Pacific 
holograph  Company  promise  or  agree  to  purclinso  the  patent 
rights  nnd  inventions  embraced  in  tho  said  deed  of  0th 


April,  1876,  for  any  price  or  consideration.  But  it  wnsnn-  222 
trZcd  and  agreed,  by  and  between  tho  said  Goorgo  Har¬ 
rington  and  ids  associates  and  tho  said  Jay  Gould,  that  the 

Atlantic  and  Pacific  Telegraph  Company  should  have  the 

rf-dit  to  purchase  tho  same  upon  payment  ot  the  constdera- 
lion  specified  in  tho  said  loiter  of  16th  April,  187o. 

A  copy  of  tho  said  letter  of  16tU  April,  187t),  is  npponded 
hereto,  being  Exhibit  No.  6. 

XI  Tito  said  George  Harrington,  on  the  10th  day  of 
April  1S7  111  Hothcsaid  Jiyto  11  1  eerto  deed  2-8 

bearing  date  10th  April,  1876  purporting  £  b°  * 

by  the  Automatic  Telegraph  Company  to  l  ‘C  Athmtic  and 
Pacific  Telegraph  Company,  of  all  the  title  of  the  ‘ 

Telegraph  Company  to  the  patents  granted  by  the  United 
States  to  George  Little,  and  also  to  certain  other  prope.ty 
in  consideration  of  8,200  shares  of  the  full  paid-up  stock  o 
the  Atlantic  and  Pacific  Telegraph  Company,  winch  stock 
was  to  be  paid  or  delivered  on  receipt  from  the  National 
Telegraph  Company  of  the  full  title  of  the  said  telegraph 
line  from  New  York  to  Washington,  and  on  rece.pt  from  224 
said  Little  of  a  full  and  specific  legal  assignment  of  In 
said  patents,  and  also  on  receipt  of  certain  other  transf  s 
of  certain  patent  rights,  interests  and  claims  therein  inon- 

^Tcopy  of  which  said  deed  of  10th  April,  1875,  is  hereto 

^  *WaS “on  Ihe'Sid '10th  tty  ol  April,  1875,  the  said  George 

Harrington  handed  tho  said  last  mentioned  deed  to  the 
said  Jay  Gould,  as  the  agent  of  the  Atlantic  and  laci  c 
Telegraph  Company,  with  a  letter  from  the  said  George  225 
Harrington,  addressed  to  tho  said  Jay  Gould,  and  signed 
bv  the  suul  George  Harrington,  instructing  the  said  Jay 
Gould  that  the  consideration  to  bo  paid  on  tho  dulivory  oi 
the  said  deed  to  the  Atlantic  and  Pacific  Telegraph  Com¬ 
pany  was  8,200  shares  or  the  stock  of  the  last  named  com¬ 
pany,  which  was  to  bo  distributed  amongst  certain  parties 
named  in  tho  said  letter  of  instructions  ill  the  shares  an 
proportions  therein  named.  ^ 


58 

226  A  copy  of  wliicli  said  letter  is  hereto  appended,  being 
Exhibit  No.  7. 

12.  When  the  said  Jay  Gould  entered  into  tho  said  con¬ 
tract,  dated  December  30,  1874,  lie  was  fully  aware  of  the 
rights  of  the  said  J.  C.  licit!' and  John  McManus  and  their 
associates,  having  had  direct  notice  thereof  from  the  said  J. 
0.  lieitr  and  John  McManus,  and  from  the  said  George 
Harrington  amt  otherwise,  and  tho  said  George  Harring¬ 
ton,  on  or  about  the  12th  day  of  January,  1870,  wrote  a 
<,27  letter  to  the  said  Jay  Gould,  refurring  to  the  said  contract 
of  30th  December,  187-1,  nnd  expressing  his,  tho  said 
Goorgo  Harrington’s,  approval  thereof 

And  the  said  two  letters  of  instruction,  dated  16th 
April,  1875,  written  by  the  said  Goorgo  Harrington  to  the 
said  Jay  Gould,  nnd  delivered  to  him  ns  aforesaid,  with  the 
said  deeds,  dated  10th  April,  1875,  and  0th  April,  1875, 
j  wore  drawn  up  with  the  consent  and  approbation  of  tho 

I  said  Jay  Gould,  nnd  wero  received  by  him,  with  tho  said 

deeds,  upon  his  promise  nnd  undertaking  to  nbido  by  nnd 

228  follow  the  terms,  stipulations,  conditions  nnd  directions 
therein  contained. 

18.  Tho  Atlantic  nnd  Pacific  Telegraph  Company  had, 
prior  to  their  taking  any  notion  in  regard  to  tho  said  pat¬ 
ents  nnd  inventions,  nnd  the  said  telegraph  lino  from  Non- 
York  to  Washington,  nnd  the  business  thereof,  lull  and 
direct,  ns  well  ns  constructive  notice  of  tho  facts  and  cir¬ 
cumstances  aforesaid,  in  relation  to  tho  rights  of  the  parties 
from  whom  tho  plaintiffs  derive  title,  ns  heroin  mentioned. 

229  14.  It  was  assumed  by  tho  said  Harrington  nnd  his 
associates,  nnd  by  tho  said  Jay  Gould,  that  the  terms 
of  the  bargain  specified  in  tho  said  agreement,  dated 
30th  December,  1874,  would  be  approved  by  tho  Allan  lie 
nnd  Pacific  Telegraph  Company,  and  that  they  would 
elect  to  make  the  said  purchase.  And  in  pursuance  of 
tho  arrangement  aforesaid,  tho  said  Atlantic  and  Pacific 
Telegraph  Company  in  tho  month  of  February,  1875, 
and  on  or  about  February  1st,  1876,  wero  authorized 


_  ■,  „t  of  the  Automatic  Telegraph  Com-  230 

by  the  President  or  roceivo,  nnd  accordingly 

pany,  the  said  G.  Harnngt  ,  t  iin0  running 

“i;  iJU  r. -sp; 

and  after  receiving  such 1  P°“tSS  aid  om0es,  machines  and  231 

work  the  said  ^antio  and  Pacific  Telegraph 

apparatus.  Ami  tho  sa  M  aforesaid,  upon  the 

Company  received  tho  said  pr  1  f  tj]  llmt  the  said 

written  stipulations  signod  y  °  ld)i00t  to  tho  ordor 

oompn  iy  ll,?"'d',0'f  J0°  Automatic  Telegraph  Company; 
of  the  President  of  tl  o  Autom  ^  boWroon  tho  Allan- 
it  being  understood  mid  n^  “  >  y  d  tho  ln3t  uaiiicd 

tie  and  Pacific  'lologmpU  Compnnj ^  ^  o(rioc3 
President,  that  tho  =  'bines  and  apparatus 

therein,  and  tho  said  ,.l’  dt0  the  Automatic  Telegraph  .232 
therein,  should  be  «do  ,Uv ed  to ^  ^  ^ 

Company  m  oaso  it  al  ' 1  (  f  tho  said  property 

i— *•— 

by  the  Automatic  Telegraph  Company. 

»W«g  *"  “a  ”  tlio  ..id  «■» 

apparatus,  as  aforesaid,  proceeded  to  ^  ^  233 

and  on  other  telegraph  lines,  t  e  system^  ^ 

16.  And  the  said  Jay  Gould,  ««ting  o«  * 0 
that  the  said  bargain  would  bo  approvo  ^  ^ 

by  the  Atlantic  and  laoifio  lelc0  P 


284  on  the  seventh  tiny  of  Hay,  1876,  prematurely  nncl  wrong, 
fully  causo  to  bo  recorded  in  tho  Pntont  Onico  nt  'Washing¬ 
ton  tho  said  deeds,  dated  Oth  April,  1876,  and  15lh  April, 
1876,  purporting  to  bo  transfers  of  tho  said  patents  to  the 
snid  Gould. 

And  tho  Atlantic  and  Pacific  Telegraph  Company,  in 
pursuance  of  the  bargain  and  arrangement  aforesaid,  caused 
or  procured  additional  machines  and  apparatus,  patented  as 
aforesaid  by  tiie  said  T.  A.  Edison,  to  be  made  for  use  on  the 
lines  of  the  Atlantic  and  Pacific  Telegraph  Company,  and 
236  worked  the  same  on  tho  said  lines,  and  they  still  continuo  to 
do  so,  notwithstanding  the  snid  notice  to  discontinue  the  use 
thereof;  which  snid  machines  and  apparatus  were  so  made, 
and  nt  first  used  ns  last  aforesaid,  by  virtue  of  the  verbal 
consent  and  authority  of  the  snid  George  Harrington,  with 
the  assent  of  his  snid  associates,  ns  aforesaid;  and  it  was 
j  understood  and  agreed,  by  and  between  tho  Atlantic  and 
j  Pacific  Telegraph  Company  and  the  snid  George  Harring¬ 
ton,  that  tiie  right  to  continue  the  use  thereof  should  cease 
in  case  tiie  snid  proposed  sale  to  the  snid  company  should 
236  not  bo  carried  into  effect. 

16.  And  the  Atlantic  and  Pacific  Telegraph  Company, 
in  anticipation  of  tiie  fulfilment  of  tiie  snid  contract,  did 

<  at  vnr'ous  times  between  January  sixteenth  and  February 
sixth,  1876,  loan  to  tiie  Automatic  Telegraph  Company 
various  sums  of  money,  amounting  in  the  whole  to  the 
sum  of  twenty-three  thousand  one  hundred  dollars.  And 
It  was  agreed  by  and  between  the  said  George  Harrington, 
acting  for  himself  and  his  said  associates  on  tiie  one  hand, 
and  the  said  Jay  Gould,  acting  on  behalf  of  tho  Atlantic 
287  mid  Pacific  Telegraph  Company,  that  such  loan  of  any 
money  not  exceeding  in  all  the  sum  of  $36,000  should  bo 
satisfied  and  repaid  by  tho  transfer  to'  tiie  Atlantic  and 
Pacific  Telegraph  Company  of  part  of  tiie  snid  31,800 
shares,  at  the  rate  of  $25  per  share,  as  appears  by  tiie  said 
schedule  m  the  said  letter  of  instructions  of  lOili  April, 
1875,  in  relation  to  the  disposition  of  the  said  81,800  shares 
of  stock  of  tiie  Atlantic  and  Pacific  Telegraph  Company. 

17.  The  Atlantic  and  Pacific  Telegraph  Company  have 


9th  April,  1875,  and  d  ■  GouW  ;  but  tho  said 

livered  therewith  to  tl  bnvo,  from  time  to 

company,  by  its  o  .  d  pretexts  for  delaying  and 

time,  set  up  various re. pending  that  they 
postponing  such  set  '  -g^ert,  the  President  of  the 

would  settle  ns  Eoon  ;  from  ids  sickness  and  bo 

said  company,  should  recot  ^  ^  ot,lcr  linics  pretend-  239 
able  to  attend  to  '  Mr  Hnrrington  and  lus  ns- 

ing  that  they  "c,c  '  °  of  th0  contract ;  but  at  last, 

!  sociates  to  perforin  tnu  1  further  purposes, 

I  and  when  these  pretexts  Company,  by 

i  the  said  Atlantic  an ,  Pofl-lcers  0f  tiie  said  company,  do- 

their  President  and  o  would  not  complete  the  said 

declared  that  the,  ^  and  that  there  cannot 

upon  because  there  onnn«cmont  contained  m  a 

now  be  a  fulfilment  of  «•« '  t  datcd  30tb  Do- 

Clause  of  the  memorandum  o  (  Bciff  and  Me- 

(lti"  cSS 

the  Automatic  Telegraph  party),  Baill.0ad  Com- 

'f  ''eg0lU;l;rPe!;"vlvaIda  Kailroad  Company,  and  the  M- 
&nnd  O  iio'B»il.ond  Company,  and  transfer! eon 
t\  “,o  tho  Atlantic  and  Pacific  Telegraph  Company.  24 

awn: » 

l  aforesaid, ^until  shortly  before 

iSStrisms-ws 


242  Company,  at  the  special  instance  of  their  president,  it  being 
assumed  that  they  would  become  the  purchasers  of  the 
said  patents  and  inventions  and  other  property  ns  aforesaid, 
and  therefore  would  have  the  power  to  settlo  the  terms  and 
forms  of  those  contracts.  And  accordingly,  when  tho  said 
deeds  were  handed  to  the  said  Jay  Gould,  as  aforesaid,  it 
was  understood  and  agreed,  by  and  between  him  and  the 
said  Harrington,  that  the  said  deeds  of  9th  April,  1875, 
15th  April,  1875,  and  10th  April,  1875,  and  the  transfers 
called  for  by  the  last  mentioned  deed,  wore  to  ho  delivered 

243  to  the  Atlantio  and  Pacific  Telegraph  Company,  on  the 
payment  of  tho  considerations  expressed  in  lire  written 
instruments  accompanying  the  said  deeds.  And  there 
were  no  additional  conditions  or  qualifications  whatsoever. 

18.  lly  tho  said  deed  hearing  dato  10th  April,  1876, 
delivered  to  tho  snid  Jay  Gould  in  escrow  in  fnvorof  tho 
Atlantio  and  Pacific  Telegraph  Company  ns  aforesaid,  it 
was  provided  that,  in  consideration  of  8,200  shares  of  tho 
stock  of  tho  said  company,  tho  title  of  tho  snid  George 
little  in  and  to  tho  patents  granted  to  him  by  the  United 
States  for  his  inventions  in  chemical  automatic  telegraphy 
should  be  assigned  to  tho  snid  company. 

And  tho  snid  bargain  made  on  80th  December,  1874, 
for  tho  sale  and  transfer  of  tho  inventions  of  automatic 
telegraphy  to  tho  said  company,  included  tho  said  Little’s 
pntonts. 

Anil  tho  said  deed  of  0th  April,  1875,  embracing 
tho  snid  patents  granted  to  tho  snid  Edison  for  inventions  in 
automatic  telegraphy,  together  with  the  snid  deed  of  10th 
245  April,  1876,  einhrnoing  tho  said  Little’s  patents,  woro 
placed  in  the  hands  of  tho  snid  Gould  at  tho  snmo  time  with 
tho  said  two  letters  of  instruction,  each  hearing  date  16th 
April,  1876. 

Tho  said  defendants,  tho  Atlantic  and  Pacific  Telegraph 
Company,  had  no  right  to  a  partial  performance  of  tho  snid 
bargain  for  tho  sale  jointly  of  the  said  several  rights  and 
interests,  and  the  said  company  have  disqualified  and  inca¬ 
pacitated  themselves  from  tho  fulfilment  of  tho  said  bargain, 
the  said  company  having  without  the  consent  of  plaintiffs 


I  made  a  separate  bargain  and  contract  on  account  of  the  said  246 
S  company,  with  the  said  Little,  for  the  purchase  of  his 

interest  in  the  snid  patents  granted  for  his  said  inventions, 
whereby  the  said  defendants  have  become  entitled  to  the 
J  said  Little’s  beneficial  interest  in  tho  said  patents,  tho  legal 
title  thereto  being  vested  in  the  National  Telegraph 
Company,  subject  to  tho  equitable  rights  of  certain  other 

19.  The  said  George  Harrington  being  in  Europe,  and 
unable  from  sickness  to  perform  his  duties  as  trustee  as  247 
aforesaid,  the  Atlantio  and  Pacific  Telegraph  Company, 

1  tho  said  Jay  Gould  and  others,  woro  by  certain  notices  in 
writing  dated  New  York,  27th  August  1375,  notified  by 
11.  W.  Hassell,  on  behalf  of  tho  said  J.  C.  Hcift,  1.  A. 
Edison,  Seyfert,  McManus  &  Co.,  and  others  entitled  to 
tho  proceeds  of  any  sales  that  might  bo  made  of  .the  said 
patents  and  inventions,  that  tho  said  transfers  by  tho  said 
Harrington  to  tho  said  Gould,  benring  dato  9th  April, 

,  1875,  and  1st  January,  1876,  woro  and  each  of  them  was 

inoperative,  by  reason  of  tho  refusal  of  the  Atlantio  and  248 
Paeifio  Telegraph  Company  to  comply  with  the  torms  on 
which  they  wore  to  linvo  boon  entitled  to  purchase  tho 
proporty  thereby  intended  to  bo  transferred  to  tho  said 
Gould  for  their  benefit.  And  tho  said  company  were  by 
tho  snid  notices  notified  and  requested  to  discontinue  forth, 
with  tho  use  of  said  inventions  of  tho  snid  Thomas  A. 
Edison.  ,  .  ,  .  . 

Which  snid  notices  woro  duly  served  on  tho  Atlantic  and 
Paeifio  Telegraph  Company  on  tho  27th  day  of  August, 
1875,  and  on  tho  snid  Jay  Gould  on  or  about  tho  80th  day  249 
of  August,  1875.  Aud  the  said  notices  have  been  ratified 
by  your  orators.  ,  ., 

*'/  A  further  notice  was  given  to  tho  Atlantic  and  Paeifio 
0  Telegraph  Company,  on  tho  17th  September,  1875,  by  the 
I  said  11.  W.  Russoll,  on  behalf  of  tho  parties  interested  as 
I  aforesaid,  setting  forth  tho  particulars  of  the  original  eon 
I  tract  made  by  the  said  Jay  Gould,  on  behalf  or  for  tho 
ft  benefit  of  the  Atlantic  and  Paeifio  Telegraph  Company,  on 
i]  80th  December,  1874,  and  stating  what  had  been  done 


250  under  and  in  pursunncc  thereof,  and  the  torms  and  condi-  n 

tions  upon  which  tlio  said  dcods  had  been  put  in  the  hnuds  I 
of  tlie  said  Jay  Gould,  and  demanding  the  return  of  the  said  I 
deeds,  in  order  that  they  should  bo  cancelled.  | 

20.  The  said  the  Atlantic  and  Pacific  Telegraph  Com-  hi 
puny  hath  rofused  to  deliver  to  the  said  Jay  Gould  the  said  j 
81,800  shares  of  the  said  stock  for  distribution  as  aforesaid,  | 
and  hath  also  refused  to  deliver  the  said  8,200  shares  as  I 
aforesaid,  in  accordance  with  the  torms  of  the  said  proposed  ij 

251  salo.  And  tho  said  proposed  purchases  of  the  said  patents  jj 
and  inventions  have  been  wholly  abandoned  by  tho  Atlantia  | 
and  Pacific  Telegraph  Company,  whoreupon  tho  said  deeds  (j 
purporting  to  bo  tho  deeds  of  tho  transfer  mado  by  tho  said  U 
Goorge  Harrington  to  tho  said  Jay  Gould,  and  tho  said 
deed  purporting  to  bo  a  dood  of  transfur  to  tho  Atlnntiu 
and  Pacific  Telegraph  Company,  are  and  oaoh  or  them  is  < 
wholly  inopornlivo  and  of  no  ell’eet.  And  the  Atlantic 
and  Paoifie  Telegraph  Company  have  no  longer  any  li-  j 
oonse,  verbal  or  olhorwiso,  express  or  implied,  to  use  the  | 

252  said  telegraph  system,  machines,  apparatus  and  devices  in-  | 

vonted  by  tho  said  Edison,  and  ombraoed  in  by  tho  said  H 
assignments.  ij 

21.  On  or  about  tho  first  day  of  January,  1875,  tho  said  j  • 
Goorge  Harrington,  in  tho  expectation  ami  beliol  that  tho  | 
said  proposed  bargain  mentioned  in  tho  said  memorandum,  ■ 
bearing  date  80th  December,  187-1,  would  bo  consummated,  1 ; 
did  execute  and  deliver  to  tho  said  Jay  Gould  a  certain  |j 
deed,  purporting  to  bo  an  assignment  by  tho  said  George  | 
„„  Harrington  to  tho  said  Jay  Gould  of  tho  said  inventions  of  | 
the  said  T.  A.  Edison  in  duplex  and  qundruplox  tele-  II 
graphy,  savo  and  except  as  therein  mentioned.  Which  I 
said  deed  bears  date  tho  1st  day  of  January,  1876,  and  fl 
purports  to  bo  lor  tho  consideration  of  one  dollar  and  X 
other  considerations,  And  tho  said  deed  professes  to  l| 
make  a  substitution  of  tho  said  Jay  Gould  in  tho  place  of  i , 
tho  said  George  Harrington,  ns  attornoy  in  fact  for  tho  It 
said  T.  A.  Edison,  under  tho  authority  of  tho  said  recited  tj 
deed,  bearing  date  tho  4th  day  of  April,  1871. 


65 

A  copy  of  which  said  deed  of  1st  of  January,  1876,  is  254 
hereto  appended,  being  Exhibit  No.  8. 

22.  And  tlie  said  Gcorgo  Harrington  oxceuted  a  similar 
deed*  dated  9th  March,  1875,  for  tho  purpose  ns  therein 
alleged  of  correcting  certain  errors,  a  copy  of  which  said 
deed  is  hereto  appended,  being  Exhibit  No.  12. 

Tho  said  T.  A.  Edison,  by  deed  dated  4th  of  January, 
1875,  recorded  January  6,  1876,  appointed  tho  said  Jay 
Gould  to  bo  his  attorney  for  tho  purpose  of  selling  and 
transferring  his  right,  titlo  and  interest  in  or  to  his  invon- 
tions  of  improvements  in  duplex  and  qundruplox  tolo- 
graphy. 

A  copy  of  which  said  deed  is  hereto  appended,  boiug 
Exhibit  No.  9. 

28.  Tho  said  T.  A.  Edison,  on  or  about  tho  6th  day  of 
January,  1875,  sold  to  tho  said  Jay  Gould  for  tho  sum  of 
thirty  thousnnd  dollars,  his,  tho  said  Edison's  share,  right 
and  interest  in  tho  fruits  and  proceeds  of  tho  said  inven¬ 
tions  of  duplex  and, qundruplox  telegraphy,  and  by  deed 
dated  0th  January,  1875,  tho  said  Jay  Gould,  under  tho 
alleged  authority  of  tho  said  dood  dated  1st  January,  1875, 
ns  tho  attorney  of  tho  said  T.  A.  Edison,  made,  executed 
and  delivered  a  certain  instrument  in  writing,  which  pur¬ 
ports  to  bo  an  assignment  to  S.  M.  Mills  by  tho  said  Jay 
Gould  of  tlie  said  share,  right  and  interest,  tlie  snmo  being 
ouo  third  of  such  proceeds  as  aforesaid.  Which  said  last 
mentioned  deed  was  recorded  in  tho  Patent  Oflico  at  Wash¬ 
ington  on  April  10th,  1876,  and  n  copy  thereof  is  hereto 
appended,  tho  same  being  Exhibit  No.  10. 

Tho  said  S.  M.  Mills  acted  in  tho  said  transnotion  merely 
ns  tho  agent  of  tho  said  Jay  Gould.  "  ’ ' 

Tho  said  S.  M.  Mills,  by  tlood  dntod  11th  January, 
1876,  in  consideration  of  $30,000,  assigned  to  tho  Atlantic 
and  Pncifio  Telogrnph  Company  whatever  right  and  in¬ 
terest  might  have  been  acquired  by  him  ns  aforesaid. 

Tlie  last  mentioned  deed  was  recorded  in  tlie  Patent 
Office  nt  Washington,  April  10th,  1876,  and  a  copy  thereof 
is  hereto  appended,  being  Exhibit  No.  11. 

9* 


268 


2‘1  The  said  deed  dated  1  January,  1876,  was  made  in 
accordance  will,  tl.o  said  agreement  of  30  December,  1871, 
and  in  the  full  confidence  and  expectation  that  the  bargain 
thereby  proposed  would  bo  promptly  fulfilled,  and  upon  | 
the  supposition  that  such  transfer  delivered  in  escrow  or 
conditionally  for  the  benefit  of  the  intended  purchaser,  the 
Atlantic  and  Pacific  Telegraph  Company,  would  strengthen 
the  ease  in  favor  of  said  Harrington’s  title  against  the  West¬ 
ern  Union  Telegraph  Company,  which  company  falsely 
claimed  to  have  made  a  contract  with  said  Kdison  for  tho 
purchase  of  the  said  inventions  from  him  and  George  11. 
Prescott.  The  said  Geoigo  11.  Prescott  was  nt  that  time 
claiming  to  be  the  owner  of  the  legal  title  to  an  undivided 
moiety  of  the  said  inventions  in  duplex  and  quadruples 
leleginphy  by  virtue  of  n  certain  deed  or  assignment  made 
to  him  by  said  Kdison,  dated  10th  August,  1874,  which  as¬ 
signment  had  been  inndvcitcntly  and  by  mistake  made  by 
the  said  Edison  upon  the  erroneous  supposition  that  the  said 
inventions  were  not  embraced  in  and  by  the  said  partnership 
deed  of  1  October,  1870,  and  tho  said  assignment  from  the 
260  said  Edison  to  the  said  Harrington,  dated  4  April,  1871. 

26.  It  was  not  understood  and  agrood,  by  and  between 
tho  said  Harrington  and  Gould,  upon  tho  treaty  for  tho  said 
provisional  or  conditional  deed  of  1  January,  1876,  that 
the  said  Gould  was,  for  tho  nominal  consideration  of  ouo 
dollar  named  in  tho  said  deed,  to  bccomo  tho  owner  of  tho 
said  inventions  in  duplex  and  quadruplex  telegraphy  for 
his  own  individual  benefit.  Nor  was  it  understood  and 


coiving  any  consideration  therefor  for  the  benefit  of  the  said 
Edison  and  the  said  lleill'and  McManus  and  the  other  asso¬ 
ciates  of  tho  said  Harrington,  who  had  supplied  tho  pri  cipal 
part  of  the  funds  required  for  and  used  in  tho  development 
of  the  said  inventions. 

But  nt  and  before  tho  date  and  execution  of  the  said 
deed  of  1  January,  1876,  and  at  and  before  the  date  and 
execution  of  the  said  deed  of  9  March,  1876,  purporting  to 


67 

bo  a  repetition  of  tho  said  deed  of  1  January,  1876,  with  262 
a  mere  correction  of  a  verbal  error  therein,  it  was  under¬ 
stood  and  agreed,  by  and  between  the  said  Harrington  and 
Gould,  that  the  Atlantic  and  Pacific  Telegraph  Company 
should  have  tho  benefit  of  tho  transfer  thoreby  made  upon 
the  completion  of  the  bargain  mentioned  in  tho  said  agree¬ 
ment  of  30  December,  1874,  which  embraced  all  the  in¬ 
ventions  of  the  said  Edison  in  what  is  commonly  known 
as  automatic  telegraphy,  and  all  his  inventions  applicable 
thorcto,  and  accordingly  embraced  the  said  inventions  in 
duplex  and  quadruplex  telegraphy,  tho  saino  being  appliea-  263 
bio  to  automatic  telegraphy. 

26.  About  tho  time  when  tho  said  Gould  ontored  into 
tho  said  contract  with  the  said  Hcilf  and  McManus,  dated 
80  December,  1874  (which  contract  tho  said  Edison  ap¬ 
proved),  tho  said  Gould  urged  the  said  Edison  to  break  off 
all  connection  with  tho  Western  Union  Telegraph  Com¬ 
pany  and  said  Prescott,  and  heartily  cooper, .to  ,wth  -..id 
Gould,  lioili;  McManus  and  Harrington,  so  that  tho  Atlantic 
and  Pacific  Telegraph  Company  should,  in  accordance  with  264 
tho  intentions  and  expectations  of  tho  parties  to  tho  said 
contract,  have  tho  full  benefit  of  tho  said  Edison’s  inventions 
in  duplox.nnd  quadruplex  telegraphy,  and  of  all  improve¬ 
ments  which  might  bo  made  by  him  thereon,  and  that  lie 
should  bccomo  tho  electrician  of  tho  Atlantic  and  Pacific 
Telegraph  Company  at  a  liberal  salary. 

And  tho  saitl  Edison  agreed  to  comply  with  tho  said  re- 
|  quest,  it  being  at  tho  same  time  arranged  that  lie  should 
|  rcccivo  at  once  tho  estimated  prieo  and  valuo  ot  his  said 
|  one  third  shnro  of  tho  said  inventions  in  duplex  and  quad-  266 
i  ruplox  telegraphy,  without  waiting  for  tho  completion  of  tho 
I  bargain  contemplated  and  provided  for  in  tho  said  memo- 
1  rttndum  of  agreement  datod  80  Decomber,  1874. 

And  tho  said  Edison  further  agreed  with  said  Harrington 
and  his  said  associates  and  with  said  Gould,  that  ho,  said 
Edison,  would  return  to  tho  Western  Union  Telegraph  Com¬ 
pany  tho  money  ho  had  received  from  them,  and  would  also 
reimburse  whatever  paymonts  might  have  been  mado  by 


206  add  Prescott  under  or  in  consequence  of  tho  snid  contract  1 
between  him  and  said  Edison.  .1 

27.  The  transfer  made  ns  liorciu  montioned  by  the  said  I 
Edison,  tbrougli  snid  Gould,  bis  attorney,  to  S.  M.  Mills,  f, 
was  so  made  in  pursuance  of  the  said  last  mentioned  agree-  |i 
meat  and  was  intended  to  bo,  and  was  in  fact  a  transfer  .  t 
of  snid  Edison's  share  of  ono  third  of  the  proceeds  o!  any  I 
sale  or  other  disposition  which  might  bo  made  by  the  said  | 
Harrington,  undor  the  said  trust  and  power  herein  beloro  / 
207  referred  to.  a 

28  The  snid  Harrington  -intended  to  sell  nnd  transfer  |j 
to  tlio  Atlantic  nnd  Pacino  Telegraph  Company  the  said  | 
patents  nnd  inventions  specified  in  the  snid  deed  dated  0  ,  ; 
April,  1875,  in  ease  the  snid  company  should  pny  the  eon- 
sidcrnlion  speeinod  in  snid  Harrington’s  said  letter  to  said  i 
Gould,  dated  10  April,  1875,  and  not  otherwise,  and  tlio  ■ 
said  Harrington  was  duly  authorized  to  mako  such  sale  and  j 
transfer  by  the  said  Edison,  and  the  said  Heill'  and  Mo-  ■; 
Manus  mid  others,  tlio  snid  Harrington’s  snid  associates.  | 
208  And  they  npproved  of  and  ratified  and  confirmed  the  said  | 
bargain,  but  by  mistako  and  inadvortonoo  the  said  liar-  j. 
rington,  instead  of  making  such  transfer  to  tho  said  com-  I ; 
puny,  nnd  delivering  the  instrument  of  transfer  to  the  said 
Gould  in  escrow,  for  him  to  deliver  tho  same  to  the  sail 
company  on  their  payment  or  the  consideration  aforesaid, 
mndc  the  transfer  direct  to  tho  snid  Gould,  at  the  same  tunc, 
however,  directing  hnn  in  manner  aforesaid,  by  the  s.ui 
instrument  in  writing  accompanying  tho  snid  transfer,  lint 
to  deliver  such  transfer  to  tho  said  company  until  they  ; 

269  should  pny  the  consideration  aforesaid.  f: 

20.  And  your  orators  claim  that  neither  they  nor  their  j 
said  associates  beneficially  interested  with  them  as  aforesaid,  l 
should  bo  prejudicially  nflootcd  by  or  by  reason  of  tho  said  j  ; 
mistake  and  inadvortonoo  of  tho  snid  Harrington,  acting  ns  - 
such  trustee  aforesaid.  And  that  neither  tlio  said  Gould, 
nor  the  said  tho  Atlantic  nnd  Pacific  Telegraph  Company,  l 
claiming  by,  through  or  under  him,  should  be  permitted  to 


take  advantage  of  tho  snid  mistake  and  inadvertence  of  the  270 
said  Harrington,  to  tlio  detriment  of  your  orators  and  their 
snid  associates ;  but  that  your  orators  should  be  relieved 
therefrom  by  the  decree  of  this  court  in  this  cause. 

80.  Tlio  snid  Gould  recorded  tho  said  dood  of  9th 
April,  1875,  on  tho  7tli  May,  1875,  and  contracted  to  trans¬ 
fer  to  tho  Atlantic  and  Pacific  Telegraph  Company  what¬ 
ever  title  ho  may  hold  under  tlio  said  deoil  of  9th  April, 

1875,  nnd  tho  said  company  now  fraudulently  clnun  and 
protend  that  by  virtuo  of  tho  last  mentioned  contract  tlioy  271- 
hnvo  lawful  right  to  uso  tho  snid  patented  inventions  de¬ 
scribed  in  tlio  said  dood  of  9th  April,  1875.  And  that  tho 
assignment  tliorcby  mado  to  the  said  Gould,  not  having 
boon  delivered  technically  in  tho  form  of  an  escrow  dood, 
is  valid  and  efl'eotual  in  law,  and  that  the  snid  company  are 
under  no  obligation  to  pny  tlio  consideration  specified  in  tlio 
snid  Harrington's  said  letter  of  10th  April,  1875,  and  in 
the  said  agreement  dated  80  Dor,,  1874,  mado  by  the  said 
Gould,  for  tho  benefit  of  the  snid  compnny  ns  aforesaid,  but 
that  they  can  hold  and  enjoy  tho  said  property  without 
paying  tho  said  consideration  to  tho  parties  ontitled  to  tho  272 
snmo  ns  aforesaid,  or  any  part  thorcof. 

81.  And  the  snid  company  protend  that  they  are  bona 
fuk  purchasers  of  tlio  said  patonts  nnd  inventions,  holding 
tho  same  under  recorded  transfers  thereof,  without  any  no¬ 
tice,  actual  or  constructive,  of  tho  trusteeship  of  tho  snid 
Harrington  ns  aforesaid,  anil  tho  equitable  rights. of  the  said 
Heill' and  McManus  and  otlioro,  tho  associates  of  your  ora¬ 
tors  as  aforesaid  j  although,  in  truth  nnd  in  fact,  tho  snid 
Gould  negotiated  tho  snid  bargain  with  tho  said  Heill’  2/8 
and  McManus,  in  tho  first  instance,  for  tho  benefit  of  tho 
snid  tho  Atlantic  and  Pncifio  Telogrnph  Compnny,  nnd 
they,  through  such  negotiation  and  snid  Gould's  agency,  ob¬ 
tained  possession  of  tho  said  patented  machines  and  npprn- 
tus  and  other  proporty  ns  aforesaid,  nnd  got  tho  full  uso 
of  snid  Edison’s  inventions  of  chemical  automatic  tele¬ 
graphy. 

82.  And  tho  said  Jay  Gould  reported  from  time  to  timo 


274  to  the  said,  tlio  Atlantic  and  Pacific  Telegraph  Company, 
nil  his  snid  negotiations  and  operations  with  the  Automatic 
Telegraph  parties,  the  said  Kill,  MoM  inuS  Hamng.oa 
and  Edison.  And  the  said  Gould  arranged  w.tl.  the  said 
the  Atlantic  and  Pacific  Telegraph  Company  for  their 
obtaining  possession  of  the  said  patented  apparatus  and  I 
the  said  telegraph  line,  and  a  provisional  license  to  use  tlio 
said  inventions  upon  all  their  telegraph  lines,  in  pursuance 
of  tlio  contract  negotiated  by  tlio  said  Gould. 

276  33.  And  tlio  said  Gould,  at  tlio  time  or  the  transactions 

hereinbefore  mentioned  or  referred  to,  otvnod  or  centre  led  j 
a  mniority  of  the  shares  of  tlio  stock  of  the  said  the  Atlan¬ 
tic  and  Pncillo  Telegraph  Company,  and  was  the  most  influ¬ 
ential  of  the  d  ectors  of  tl  t  co  p  n>,  and  m  tact,  con¬ 
trolled  thoir  operations.  „  ,, 

And  it  was  supposed  by  tlio  said  Harrington,  Ho.ll,  Mo- 
Manus  and  Edison,  that  any  arrangement  made  by  the 
said  Gould,  on  behalf  of  the  said  company,  with  them, 
would  certainly  be  fulfilled  by  the  said  company.  Mevor- 

276  tholoss,  they  now  ignore  tlio  actings  aiithloings  of  the  mutt 
Gould  in  tlio  promises,  while  claiming  the  bomlit  ami  au 
vantago  thereof. 

34.  The  pretext  now  sot  up,  that  1 10  said  Gould,  by  tlio 
said  deed  of  Oth  April,  1875,  bocnino  tlio  owner  of  the  pat¬ 
ents  and  inventions  therein  described,  is  an  aftorlhought  in¬ 
consistent  with  tho  acts  and  declarations  of  tlio  said  Gould 
and  his  representations  in  writing,  mado  after  tho  execution 
and  delivery  of  the  said  deed,  to  parties  interested  m  tlio 

277  said  inventions.  And  tho  said  tho  Ailantio  and  P-.-f-o 
Telegraph  Company,  on  taking  tho  said  transfer  from  t he 
said  Gould  to  thomsolves  by  the  said  deed  dated  10th  duly, 
1875,  paid  or  promised  to  pay  him  only  such  sums  of  money 

°  as  ho  had  disbursed  in  purchases  of  ami  loans  upon  tlio 

seeuritv  of  some  of  tho  said  81,800  shares  of  stock,  which  it 
was  expected  would  bo  issued  and  delivered  as  aforesaid  to 
tlio  various  parties  entitled  to  tlio  same  in  pursuance  ol  t  io 
said  contract  of  30th  Dee.,  1874,  and  tlio  said  letter  of  in¬ 
structions  of  lOtli  April,  1875. 


71 

And  tho  said  Gould,  by  the  said  deed  of  transfer  to  tbo  278 
said  company,  merely  transferred  to  them  whatever  rights 
he  hud  acquired  as  aforesaid,  and  (lid  not  nssumo  to  sell  and 
transfer  to  thorn  tho  title  to  tho  said  patents  and  inventions, 
any  or  either  of  them. 

3-ln.  And  tlio  said  Harrington  did  not,  by  tho  sale  and 
assignment  which  lie  mado  as  hereinafter  mentioned  to  said 
Gould,  of  his,  said  Harrington’s,  rights  and  interest  in 
said  Edison’s  inventions  after  tlio  delivery  of  tho  said  deed 
of  Dili  April,  1875,  to  tlio  said  Gould,  intend  to  or  profess 
to  sell  or  assign  to  the  said  Gould,  and  tlio  said  Gould  (lid  270 
not  then  and  thereby  expect,  intend,  or  profess  to  purchase 
and  take  from  the  said  Harrington  any  right  or  titlo  in 
conflict  with,  or  in  derogation  of  tlio  right  and  title  spcci- 
;  fied  in  the  said  deed  of  Otli  April,  1875,  qualified  and  ex¬ 
plained  as  aforesaid  by  tho  said  letter  of  instructions  accom¬ 
panying  tlio  same.  And  which  right  and  titlo  it  was 
intended  should  bo  vested  in  tho  said  Gould  coiiditiomilly, 
and  to  take  elliiet  for  tlio  benefit  of  tlio  said  company,  upon 
tlio  payment  of  the  consideration  for  tlio  same  as  aforesaid, 
and  not  otherwise.  280 

Nor  was  it  competent  for  tho  said  Harrington  to  make, 
or  for  tlio  said  Gould  to  receive  any  assignment  or  transfer, 
in  such  form  mid  manner  ns  to  defeat  tlio  rights  of  tho  said 
Edison,  lleilV,  McManus  and  others,  their  associates,  as 
aforesaid,  which  had  been  mado  with  their  approval  under 
tho  snid  sole  as  aforesaid,  of  tho  snid  inventions,  to  tho  snid 
S  company  lor  the  consideration  of  81,800  shares  of  thoir 
•  stock  ns  aforesaid. 

U  86.  The  snid  J.  0.  Eeiff,  J.  McManus  and  others,  nsso-  281 
Relates  of  tlio  said  Harrington,  ns  aforesaid,  whilst  approving 
!  4of  the  bargain  nmdo  with  the  said  ,Tay  Gould,  on  behalf 
|  Jof  tho  Atlantic  mid  Pacific  Telegraph  Company,  and  also 
i  Jnpproving  of  tho  distribution  of  tlio  purchase  money,  as 
jdetailed  in  snid  letter  of  instruction  of  16th  April,  1876, 
||wcrc  not  nwnro  of  tho  form  of  tho  transfer  executed  by  tho 
ffsnid  Harrington  ns  aforesaid,  to  bo  delivered  on  tho  com- 
ilplction  of  tho  said  purchase,  but  they  assumed  it  to  bo 


73 


2  similar  in  form  to  the  tram  ter  executed  by  the  Automatic 
Telegraph  Company,  dated  10th  April,  1875,  and  delivered  I 
to  the  said  Jay  Gould,  at  the  same  time  with  the  said  deed  j 
of  9th  April,  1875,  to  wit,  on  the  10th  April,  1875,  with 
the  two  letters  of  instruction  of  that  (late.  ! 


said,  in  developing  J 
,  stated  by  the  said  Jj 
76,  found  to  ho  the  I 


80-  The  amount  expended  ns  aforesaid, 
the  said  inventions,  was  by  an  account  _ 

Harrington,  in  the  mouth  of  April,  1876, 
sum  of  four  hundred  and  oighly-four  thousand 
nag  and  forty  dollars.  And  by  the  said  account,  the  said  liar-  | 
ringtou  credited  himscit  with  the  sum  ol  one  hundred  mid  M 
six  thousand  throe  hundred  and  fifty  dollars  ($100,860),  [| 
part  of  the  said  Bum  total,  which  entitled  him  to  4,52-1  shares  | 
out  of  tho  said  31,800  shares. 

And  it  was  agreed,  by  null  between  tho  said  George  liar-  i 
ringtou  and  his  said  colleagues,  that  the  said  81,800  shares  i 
of  stock  of  the  Atlantic  and  Pacific  Telegraph  Company  5 
were  to  be  distributed  as  per  schedule  in  the  said  Harring- 1.) 
ton’s  letter  ef  instructions  to  the  said  Jay  Gould,  dated  10th  jf 
284  April,  1876.  fe 

87.  In  the  said  schedule  contained  in  the  said  loiter  of  j j 
16th  April,  1875,  from  the  snid  George  Harrington  to  the 
said  Jay  Gould,  12,254  shares  are  allotted  to  the  said  ; 
George  Harrington,  but  of  those  shares  only  4,254  u  ere  to  | 
belong  to  the  said  George  Harrington,  the  remaining  8,000 
being  allotted  to  him  merely  for  the  purposo  of  the  distri- : 
bution  of  the  same  amongst  certain  parties  who  wore  to  bo  j 
entitled  to  tho  same  by  virtue  of  certain  nrrnngomouts 
„85  made  by  tho  snid  Georgo  Hnrrington  and  ids  said  col¬ 
leagues,  if  the  said  bargain  of  80th  December,  1874,  should 
be  completed. 

And  in  the  same  schedule  1,428  shares  aro  allotted  to 
tho  snid  J.  0.  lteilf,  as  Secretary  of  tho  Automatic  Tele¬ 
graph  Company,  and  which  said  allotment  "was  not  (undo 
for  the  benefit  of  tho  snid  J.  C.  Reiff,  but  the  said  shares  , 
were  to  have  been  received  by  him  for  distribution  amongst  | 
various  parties,  in  payment  of  legal  and  other  expenses  and 
outgoings  in  pursuance  of  certain  arrangements  made  by 


tho  snid  George  Harrington  and  J.  C.  Reiff,  and  their  said  286 
colleagues,  and  which  said  arrangements  wero  not  to  take 
effect  if  the  said  bargaiu  of  80th  December,  1874,  should 
not  bo  completed.  , 

And  at  the  foot  of  the  snid  schedule,  after  the  signature 
of  the  said  Harrington,  thero  is  a  memorandum  in  writing 
by  which  the  snid  Georgo  Harrington  advised  that  a  ccr- 
tain  number  of  shares  should  be  deducted  from  the  7,057 
shares  allotted  to  tho  said  J.  C.  Reiff,  in  the  said  schedule, 
and  that  the  shares  so  dcductod  should  bo  redistributed,  as 
ihorcin  mentioned.  But  such  ndvico  was  given  without  28 
the  authority  or  nssont  of  tho  said  J.  O.  Reiff. 

88.  Tho  said  Jay  Gould,  on  or  about  tho  twentieth  day 
of  April,  1875,  purchased  from  the  snid  Georgo  Harrington 
his  right  to  tho  said  4,254  shares  of  stock,  which  it  was  an¬ 
ticipated  would  bo  issued  to  him  for  his  own  benefit,  as 
aforesaid.  And  tho  said  Jay  Gould  paid  tho  said  Georgo 
Harrington  tho  prico  agreed  upon  for  tho  said  purohasc, 
•namely,  25  dollars  per  share,  amounting  to  $100,350,  pay- 
abloas  follows:  10  per  cent,  in  cash  and  90  per  cent,  tn  28 
incomo  bonds  of  tho  Northern  Central  Railway  Company. 

And  the  snid  Jny  Gould,  in  or  about  tho  month  of  May, 
1875,  purchased  from  tho  said  Samuel  B.  Parsons,  on  tho 
same  terms,  his  right  to  tho  snid  600  shares  of  tho  said 
stock,  which  were  to  knvc  been  issued  to  him  as  aforesaid. 

■Wherefore  tho  snid  Jny  Gould  iB  entitled  to  tho  shares, 
rights  and  interests  of  tho  said  George  Harrington  and 
Samuel  B.  Parsons,  respectively,  of,  in  and  to  tho  proceeds 
of  any  sale  or  disposition  that  may  bo  made  of  tho  said 
patents  and  inventions  by  competent  authority.  2- 

89.  Tho  defendants,  tho  Atlantic  and  Pncifio  Telegraph 
Company,  claim  that  tho  said  Jny  Gould  has  made  a 
transfer  to  tho  Atlantic  and  Pacific  Telegraph  Company  of 
his  claim,  right,  title  and  interest,  whatever  the  same  may 
he,  to  tho  said  patents  and  inventions,  or  to  any  proccods 
thereof,  under  and  by  virtue  of  the  said  contracts  with  and 
transfers  to  him,  tho  said  Jay  Gould,  ns  aforesaid. 

By  which  said  alleged  transfer  from  tho  said  Jay  Gould, 


200  tlio  Atlnntic  and  Pacific  Telegraph  Company  claim  that  they  1  ownership  of  tlio  said  Harringtons  interests  in  tlio  snmo, 
linvo  acquired  whatever  rights  tlio  said  Jay  Gould  became  I  nnd  n'so  lbo  interests  of  the  snid  Parsons  therein,  wliioh 
possessed  of  by  virtue  of  tbo  said  sales  to  him  of  tlio  shares  I  tl10  Atlantic  and  Pacific  Telegraph  Company  falsely  claim 
of  stock  which  it  was  expected  would  bo  issued  to  the  said  Ft  anA  llllo°°  t0  bo  tUo  tit,os  lo  sopurnto  parts  or  shares  of  tbo 
Harrington  and  Parsons  respectively.  Hut  the  Atlanlieawl  snitl  ],lltont3  nml  mvontions,  by  virtue  whereof  tbo  said 
Pacific  Telegraph  Company  have  not  acquired  any  rh'htor  \  hk'fringlou  and  Parsons  were  respectively  tenants  in  com- 
titlc,  in  or  to  tlio  said  patents  and  inventions,  under  the  said  ft  ,ncm  "'itl1  ot,lora  of  11,0  Sllil1  l,ntonl3  nnd  illvo"tions ;  wlioroas 
deeds  of  tlio  1st  Jnnunrv  187-5  'lit,  Mn,-,.h  ifi7r.  „,„i  no,  /!  the  said  coinpanv  well  know  tlio  fact  to  bo  that  tlio  same 


April,  1875,  which  were  placed  in  the  hands  of  their  said 
agents  as  aforesaid,  to  bo  delivered  to  them  in  ease  they 
291  should  make  the  payment  which  they  have  refused  to  lnnko 
as  aforesaid.  Hor  have  the  Atlantic  nnd  Pacific  Telegraph 
Company  acquired  title  to  the  said  patents  and  inventions 
specified  in  the  said  last  mentioned  deeds,  nor  to  any  or 
either  of  them,  nor  to  any  separate  or  distinct  part  or  share 
thereof. 

40.  The  defendant,  the  Atlantic  and  Pacific  'Telegraph 
Company,  notwithstanding  the  said  notices  given  to  them 
as  aforesaid,  persist  in  using  the  snid  patented  machinery' 
and  apparatus,  and  system  of  chemical  automatic  telegraphy 
2  patented  aforesaid  by  the  said  T.  A.  Edison,  ami  also 
claim  and  pretend  to  have  and  own  the  full  right  nnd  title 
to  the  said  invention  of  duplex  and  quailruplex  telegraphy. 

Sometimes  the  said  company  pretend  that,  having  taken 
an  assignment  from  Jay  Gould  of  bis  alleged  right  and 
title  in  and  to  the  said  patents  and  inventions,  they  have 
acquired  a  good  title  to  the  same  without  paying  tlio  con¬ 
sideration  which  the  said  Jay  Gould  undertook  should  bo 
paid  by  the  snid  company  for  the  same,  and  tlint  the  said 
293  con,lm,1J  bilvo  tbo  r'f5bt  10  b°l(l  title  under  the  said  last 
mentioned  deeds,  regardless  of  the  fact  that  their  agent 
received  them  on  the  condition  that  tlio  said  company  were 
not  to  be  ontillod  lo  the  transfers  thereby  made,  unless  and 
until  they  should  pay  31,800  shares  of  their  stock  for  the 
property  thereby  proposed  to  bu  transferred  as  aforesaid. 

At  other  times  tlio  defendants,  the  Atlantic  nnd  Pacific 
Telegraph  Company,  pretend  and  givo  out  that  the  said 
deeds  of  transfer  failing  to  bo  operative,  they  are  entitled 
to  use  the  snid  inventions  because  they  have  acquired  the 


fi  were  held  by  the  said  Harrington  in  trust  in  such  form, 

■j  and  so  that  there  should  bo  no  division  or  separation  of  tlio 
|  title  thereto,  whereby  tlio  interests  of  the  parties  beneficially 
:  1  interested  in  the  fruits  and  proceeds  thereof  could  bo  preju- 
4  dicinlly  affected.  And  the  fact  is  that  tlio  said  Hnrring- 
:  ’’  ton  and  Parsons  did  not,  nor  did  either  of  them  claim  or 
i  nssumo  any  right  to  sell  and  transfer  any  sepnrato  share  or 
]  shares,  right  or  title  in  and  to  the  said  patents  nnd  invetl- 
|  tions,  or  any  of  them. 

IAtid,  at  other  times,  the  said  company  pretend  and  givo 
out  that  by  virtue  of  tlio  said  deed  of  lltli  January, 
i:  1875,  tlioy  are  entitled  to  ono  third  pnrt  of  tlio  snid  invon- 
■  tions  of  duplex  and  quadruples  telegraphy,  and  of 
'!  any  patents  that  may  bo  issued  for  tbo  same ;  whereas, 

‘  in  truth,  tlio  said  company  well  knew  the  fact  to  bo  that 
I  ;  the  said  Edison  could  not  sell  and  transfer  any  title  to  the 
j said  inventions  of  duplex  nnd  quadruplex  telegraphy  cm- 
|  braced  in  the  last  mentioned  deed,  or  to  any  patents  that 
j  might  be  granted  therefor,  but  only  agreed  to  sell,  as  ho 
:  j  bad  a  perfect  right  to  do,  all  his  interest,  the  same  being 
•  ]  ono  third  of,  in  nnd  to  the  fruits  and  proceeds  of  the  said 

lly  virtue  of  which  said  purchase  from  the  said  T.  A. 
’  Edison  of  his  said  one  third  share  of  tlio  said  inventions  of 
duplex  and  quadruplex  telegraphy,  tbo  said  the  Atlantic 
and  Pacific  Telegraph  Company  will  bo  entitled  to  recoivo 
one  third  pnrt  of  the  net  proceeds  of  any  sale  or  other  dis¬ 
position  which  may  bo  made  by  competent  authority  of  the 
|  said  inventions,  or  of  any  patents  for  the  same. 

!  41.  The  Atlantic  and  Pacific  Tolcgrnph  Company  bo- 


76 


298  foro,  and  when  they  took  any  transfer  from  the  said  j| 
Jay  Gould,  well  know,  and  tho  said  Jay  Gould  before  and  J 
when  ho  took  tho  said  deeds  of  9th  April,  1875,  and  1st  I 
Jnnnnry,  1875,  well  knew  tlml  tho  said  Harrington  wns  a  fj 
trustee  for  tho  said  Roilf  and  McManus  and  their  asso-  [j 
elutes,  ns  aforesaid,  and  that  tho  said  Harrington’s  actual  | 
right  and  interest  in  and  to  tho  procoeds  of  tho  said  patents  l 
and  inventions  wns  but  a  small  part  or  share  thereof,  and  J 
tlmt  tho  said  Harrington  did  not  assume  to  sell  and  convoy  / 
unto  tho  said  Gould  tho  patents  and  inventions  mentioned  | 

299  or  referred  to  in  tho  said  deeds  of  1st  Jnimnry,  1875,  and  i 

9th  April,  1875,  for  any  other  considerations  than  those  \ 
heretofore  stated ;  and  that  it  wns  not  intended  by  tho  said  I 
fictitious  deed  of  1st  January,  1875,  to  transfer  to  the  said  I 
Gould  tho  full  and  nhsolulo  title  to  tho  inventions  thorcin  : 
specified  for  tho  nominal  consideration  of  ono  dollar.  And 
accordingly  tho  said  defendants,  the  Atlantic  and  Paeiflo 
Telegraph  Company,  on  6lh  Jnnnnry,  1875,  purchased  ns 
aforesaid  from  tho  said  Mills  said  Edison’s  ono  third  share  .1 
of  the  beneficial  interest  in  tho  said  inventions,  for  tho  sum  L 
of  thirty  thousand  dollars.  I 

The  said  Jay  Gould,  whon  ho  took  the  said  deeds  from  fj 
tho  snid  Harrington,  dated  respectively  1st  January,  1S75,  :  | 
and  9th  April,  1876,  well  knew  and  had  full  notice  of  tho  j  j 
terms  and  conditions  of  tho  said  partnership  between  tho  I  I 
snid  Edison  nnd  Harrington,  nnd  also  tho  terms  and  condi-  j 
lions  in  favor  of  the  snid  Edison,  upon  which  tho  snid  liar-  | 
nngton  was,  by  tho  said  deed  of  4th  April,  1871,  empow-  j 
orod  to  disposo  of  tho  said  inventions.  ; 

And  tho  snid  articles  of  copartnership,  dnted  1st  Octo-  jy 
ber,  1870,  nnd  tho  said  deed  or  4th  April,  1871,  are  recited  I 
in  the  said  deed  of  transfer  from  the  snid  Harrington  to  1 
the  said  Gould,  dated  1st.  January,  1875,  under  which  tho  | 
defendants,  tho  Atlantic  nnd  Pacific  Telegraph  Company,  J 
claim  title  to  said  Edison’s  share  and  interest  of  and  in  tho  If 
proceeds  of  the  said  inventions  of  duplex  nnd  quadruples  jl 
telegraphy.  g 

And  tho  snid  deed  of  9th  April,  1875,  refers  to  tho  snid  | 


power  of  attorney  from  tho  snid  Edison  to  tho  said  liar-  802 
rington,  contained  iri  the  snid  deed  of  4th  April,  1871. 

And  tho  said  company  had,  before  they  took  or  contracted 
to  tnko  any  transfer  from  tho  snid  Jay  Gould  of  nny  right 
or  interest  in  the  said  inventions,  constructive  nnd  direct 
notice  of  tho  snid  rights  of  said  Edison,  under  nnd  by 
virtue  of  tho  ■-aid  recited  deeds  nnd  instruments  of  writ¬ 
ing,  and  well  know  that  tho  said  Harrington  wns  a  partner 
with  nnd  trustee  for  tho  snid  Edison  in  respect  to  tho  said 
patents  and  inventions, 

42.  The  said  Georgo  Harrington  nnd  the  snid  Jay  808 
Gould  have  always  recognized  nnd  admitted  snid  trust  and 
tho  aforesaid  rights  of  tho  snid  J.  C.  Iteifi'  ami  his  said  as¬ 
sociates,  who  furnished  nearly  nil  tho  funds  required  for 
tho  taking  out  of  the  snid  patents  nnd  tho  testing  of  tho 
said  inventions  as  aforesaid ;  but  tho  defendants,  tho  At¬ 
lantic  and  Pacific  Tolcgrnph  Company,  have  falsely 
assumed  that  tho  said  Gould  nnd  Harrington  conspired 
together  to  client  and  defraud  tho  cestuis  qui  trust 
of  tho  snid  Harrington,  by  an  absolute  transfer  from  said 
Harrington  to  said  Gould  of  tho  property  held  ns  afore-  804 
snid  in  trust  by  tho  said  Harrington  ;  nnd  that  such  trans¬ 
fer  was  to  be  mndo  without  tho  payment  of  nny  considera¬ 
tion,  for  the  benefit  of  tho  snid  Edison  and  others,  tho 
ccstms  qui  trust  aforesaid.  And  tho  Atlantic  and  Pacific 
Telegraph  Company  hnvo  falsely  assumed  that  although 
they  had,  through  their  said  agent,  Jay  Gould,  and  other¬ 
wise,  full  notice  of  tho  said  trust,  thoy  can  defeat  it 
nnd  defraud  tho  said  inventor  nnd  patentee  nnd  tho  other 
parties  interested  ns  nforesnid,  by  taking  an  assignment 
from  snid  Gould.  305 

43.  It  wns  provided  in  tho  said  memorandum  of  agree¬ 
ment,  dnted  80th  December,  1874,  that  tho  said  Harrington, 
Edison  nnd  llciff,  nnd  their  associates,  tho  owners  of  the 
said  system  of  automatic  telegraphy,  should  participate  in 
the  management  of  tho  affairs  nnd  business  of  tho  Atlnntio 
and  Pacific  Telegraph  Company,  nnd  should  hnvo  a  repre¬ 
sentation  in  the  oxeeutivo  committco  of  tho  board  of  di¬ 
rectors  of  tho  said  company. 


78 


806  But  tlio  said  company  linvo  repudiated  that  arrange¬ 
ment,  and  the  said  owners  of  the  said  system  of  automatic 
telegraphy  have  had  no  part  or  share  in  the  management 
of  tlie  business  and  affairs  of  the  said  company  ;  and  tlio 
said  system  lias  been  placed  at  the  mercy  of  employees 
of  the  said  company,  who  are  opposed  to  tlio  introduction 
of  tlio  automatic  telegraph  machinery  to  supersede  their 
skilled  manual  labor;  and  tlio  advocates  and  supporters 
of  the  said  system  have  been  disregarded  and  their  advico 
rejected  by  tlio  said  company ;  and  they,  after  securing 
tlio  benefit  of  tlio  business  of -the  said  telegraph  lino  from 
8Q7  Now  York  to  Washington,  linvo  dismantled  tlio  same,  or 
have  by  ncgloot  allowed  a  part  of  tlic  said  lino  to  become 
dilapidated,  and  linvo  taken  or  allowed  the  same  to  bo 
taken  away. 

4-1.  And  by  renson  of  the  bnd  faith  of  tlio  sniil  defend¬ 
ants,  tlio  Atlantic  and  Pacific  'Holograph  Company,  tlicro 
has  been  no  development  of  cortnin  very  important  inven¬ 
tions  and  discoveries  mado  by  tlio  said  T.  A.  Edison  in 
olcotric  telegraphy,  including :  , 

808  1.  A  repeater  for  chemical  automatic  telegraphy,  where¬ 

by  messages  can  bo  transmitted  over  lines  exceeding 
one  thousand  miles  in  length,  at  the  rate  of  several 
hundred  of  words  per  minute,  without  delay  or  in¬ 
terruption. 

2.  An  improved  system  of  telegraphy,  whereby  mes¬ 
sages  transmitted  by  Edison's  chemical  nutoniatie 
telegraph,  at  tlio  rate  of  sovcrnl  hundreds  of  words 
per  minute,  can  bo  printed  off  at  tlio  terminal  sta- 
309  tion  in  plain  llomnn  letters  ready  for  delivery,  thus 

avoiding  tlio  delay  and  oxponso  of  copying,  and,  at 
tlio  same  time,  drop  copies  are  loft  at  inlcrmcdinto 
stations. 

Tlie  said  company,  having  refused  to  complete  the  said 
proposed  purchase,  and  having  also  refused  to  make  any 
proposition  for  a  substitute  for  tbo  said  bargain,  but  hav¬ 
ing,  on  tlio  contrary,  set  up  tlio  unfounded  claims  of  title 
as  aforesaid,  the  said  Edison  has  refused  to  put  his  said  iin- 


|  provements  upon  tlio  lines  of  tlio  said  company.  And  al-  810 
I  though  tlio  said  proposed  deed  of  9th  April,  1876,  is  con- 
I  fined  to  cert-tin  patents  and  inventions  therein  specifically 
I  mentioned,  and  docs  not  include  nny  improvements  thoro- 
f  011  that  might  thereafter  be  mado  by  the  said  Edison,  nor 
any  further  or  other  inventions  by  him  of  any  kind  or 
character  whatsoever  in  or  relating  to  chemical  automatic 
J  telegraphy,  oi  in  relating  to  electric  telegraphy  in  any 
I  form,  the  defendants,  tlio  Atlantic  and  Pacific  'Holograph 
i;  Company,  falsely  claim  and  pretend  that  they  aro  under 
i  a'id  hy  virtue  of  tlio  said  abortivo  deed  of  Dili  April,  1876,  811 
I  entitled  to  the  full  benefit  and  ndvnntngo  of  tlio  said  new 
|  inventions  mid  improvements  mado  by  tho  said  Edison. 

■f  And  tlio  said  company  sot  up  tiio  refusal  of  tho  plain- 
J  tills  to  concede  and  recognize  tho  said  false  claim  and  pro- 
|  tonco  ns  an  additional  oxouso  for  the  repudiation  ns  aforo- 
I  said  of  the  obligations  of  tlio  said  company. 


,  . .  u|e  -iuinnuo  ami  rnoitio  Tolo- 

graph  Co.npaiij,  under  the  color  and  prcteuco  that  they 
lmd  purchased  tlio  said  right  to  tho  said  Edison’s  system  of  812 
nutoniatie  telegraphy,  linvo  obtained  "very  vnlunblo  con- 
traeu  m,d  arrangements  with  certain  railroad  compm-m- 
namely,  tlio  Pennsylvania  Hnilrond  Com-any  and  tlio 
Baltimore  mid  Ohio  Railroad  Company.  ' 

'  And  tlie  said  defendants,  tho  Atlantic  mid  Pacific 
lelogrnph  Company,  are  now  using,  and  have  for  a  long 
.  time  past  used  tlio  said  inventions  upon  their  telegraph 
lines,  and  thereby  do  and  perform  tho  greater  part  of  their 
I  telegraph  business,  being  unable  to  do  tlio  same  without 
the  use  of  tho  said  inventions;  and  they  aro  constantly  818 
nddmg  to  and  increasing  tlie  use  thereof. 


40.  And  your  orators  further  show'  that  they  have,  by 
formal  written  notice,  notified  tlie  said  the  Atlantic  and 
1  neilic  lclcgraph  Company  to  discontinue  tlio  use  of  tlio 
said  patented  inventions,  and  have  requested  tho  said  Jay 
,  t0  rons3'S'i  or  releaso  to  the  said  Georgo  Harrington, 

trustee,  any  interest  which  may  linvo  boon  vested  in  said 


80 

814  Gould  by  tho  said  deeds  of  1st  January,  9th  March  and 
9th  April,  1875,  respectively,  and  to  return  tho  said  deeds 
to  the  said  Gcorgo  Harrington,  trustee,  as  aforesaid.  And 
your  orators  have  also  required  the  said  tho  Atlantic  and 
Pacific  Telegraph  Company  to  account  to  your  orators  for 
the  use  of  tho  said  patented  inventions,  since  they  were  no¬ 
tified  in  the  month  of  August,  1875,  to  discontinue  the  use 
of  tho  same. 

And  tho  said  George  Harrington  1ms,  ns  president  of  tho 
said,  tho  Automatic  Telegraph  Company,  ordered  that  tho 

815  property  put  into  the  possession  of  tho  Atlantic  and  Pacific 
Telegraph  Company,  ns  staled  in  paragraph  14  of  this  bill, 
shall  bo  surrendered  by  the  said  company. 

47.  The  said  defendants,  tho  Atlantic  and  Pacific  Tele¬ 
graph  Company,  falsely  claim  and  insist  that  they  are  uot 
infringing  your  orators’  said  patents,  for  that  tho  said  com¬ 
pany  have  good  right  to  use  the  said  inventions  by  virtuo 
of  the  said  deeds  by  which,  ns  they  allege,  the  legal  title  to 
said  patents  hus  been  transferred  to  said  Gould.  And  tho 

316  sa''l  defendants  also  wrongfully  claim  and  insist  tlint  if  tho 
equitable  title  to  the  said  patents  and  inventions  remains 
in,  or  results  to  your  orators,  by  reason  of  the  said  deeds  of 
transfer  having  become  abortive  or  inoperative  in  equity, 
then  and  in  that  ease  tho  said  company  1ms  good  right  to 
continue  tho  use  of  the  said  inventions  under  mid  by  vir¬ 
tue  of  tho  snid  bargain  mudo  for  their  bcuofil  by  the  said 
Jay  Gould  on  80th  December,  1874,  and  by  virtue  or  an 
alleged  part  performance  thereof  on  their  part,  and  becauso 
your  orators  canuot,  as  tho  defendants  allege,  fulfil  thoir 

817,.  l)art  l'lc  mW  bargain,  whereupon  the  defendants  set  up 
the  unfounded  and  unjust  claim  and  proteneo  that  they  can 
hold  and  retain  the  said  patent  rights  and  other  property  ns 
•  aforesaid,  without  a  settlement  on  the  terms  of  the  said  i 
bargain,  and  without  any  other  bargain,  terms  or  arrange¬ 
ment  being  made  in  lieu  thereof. 

48.  And  tho  defendants  further  wrongfully  claim  and  j 
pretend  that  tho  money  paid  by  tho  said  Gould  on  the  j 
said  purchase  by  him  of  tho  said  Harrington’s  expected 


81 

slinrcs  of  tho  said  stock  must  bo  returned  to  him  or  his  as-  818 
signs  before  your  orators  can,  in  tho  exorcise  of  their  rights 
and  titles,  and  in  pursuance  of  tho  aforesaid  trust,  suo  for' 
tho  infringinoiit  of  tho  said  patents  by  tho  said  defendants, 

49.  And  tho  defondants  further  wrongfully  claim  and 

S  pretend  that  tho  monoy  loaned  ns  aforesaid  to  tho  Auto¬ 
matic  Telegraph  Company  must  also  bo  repaid  before  tho 
defendants,  tho  Atlantic  and  Pacific  Telegraph  Company, 
can  bo  deprived  of  their  alleged  right  of  using  tho  said  in¬ 
ventions  upon  thoir  said  telegraph'  linos  throughout  tho  819 
United  States.  But  your  orators  maintain  and  show  that 
tho  said  loan  was  made  in  nccordnnco  with,  and  in  part  per- 
|  formnneo  of  tho  obligation  of  tho  sniil  tho  Atlantio  and 
Pacific  Telegraph  Company  to  ndvnnco  tho  sum  of  $35,000 
to  tho  Automatic  Telegraph  Company,  to  pay  the  rents, 
wages,  and  other  debts  duo  by  them,  for.and  on  account  of 
tho  snid  telegraph  line  from  New  York  to  Washington, 
when  tho  possession  thereof  was  given,  ns  aforesaid,  to  tho 
said  company,  and  wliioli  obligation  was  doomed  absolutely 
necessary  when  suoli  possession  was  delivered,  and  was  320 
mndo  a  condition  preoedont  to  such  delivery  of  possession. 

And  tho  said  tho  Atlantio  and  Paeifio  Telegraph  Com¬ 
pany  have  refused  to  fulfil  tho  snid  obligation,  and  hnvo 
broken  faith  in  relation  thoroto  with  tho  National  Telo- 
graph  Company  and  tho  Automatic  Telegraph  Company. 

And  your  orators,  and  bonefioinl  owners  of  tho  said 
cquitnblc  interests  in  tho  snid'pntonts  and  Inventions,  aro 
under  no  obligations  in  respect  to  tho  said  loan  to  tho  Au¬ 
tomatic  Telegraph  Company. 

And  tho  Atlantio  and  Paeifio  Telegraph  Company  hnvo,  321 
by  tho  use  and  onjoymont  of  tho  said  telegraph  lino  from 
New  York  to  Washington,  mndo  largo  profits,  and  onjoyod 
great  advantages,  far  exceeding  in  vnluo  tho  amount  of  tho 
said  loan  to  tho  Automatic  Telegraph  Compauy. 

60.  And  your  orators  aver  and  aro  ready  to  maintain 
that  they,  your  orators,  have,  upon  tho  facts  and  circum¬ 
stances  aforesaid,  tho  full  and  complete  right  and  title  to 
11* 


822  maintain  this  their  hill  Tor  the  infringement  of  the  said  pat-  jj 
onts,  and  the  defendants  have  not,  nor  has  eithor  of  them  » 
nny  right  to  tho  use  of  the  said  patented  inventions  or  nny  1 
part  thereof,  and  that  the  said  claims  and  pretences  of  the  I 
said  defendants  aro  contrary  to  equity  and  good  conscience,  Ij 

61.  In  consideration  whorcof,  and  forasmuch  as  your  j 
orators  can  have  adequate  relief  in  the  promises  only  in  a  I 
court  of  equity,  whore  matters  of  this  nature  are  properly  I 
cognizable  and  removable,  to  the  end,  therefore,  thnt  tlio  f 

223  said  defendants  the  Atlantio  and  Pncifio  Telegraph  Com-  | 
pony  and  Jay  Gould  may,  if  they  can,  show  why  your  ora-  | 
tors  should  not  have  the  relief  ltoreby  prayed.  fj. 

And  thnt  tho  said  defendants  may  severally,  upon  their  , 
sovornl  and  respective  corporate  oaths,  and  according  to 
tho  best  and  utmost  of  their  several  and  rospcclivo  knowl¬ 
edge,  information  and  belief,  full,  true,  direot  and  perfect 
answers  make  to  such  of  tho  sovornl  interrogatories  herein-  : 
after  numbered  and  sot  forth  ns  by  tho  noto  hereunder 
written  they  are  respectively  required  to  answer.  Your  i; 

324  orntors  hereby  waiving  all  further  or  other  answer,  under  I: 
oath,  to  nny  or  either  of  tho  charges  or  allegations  in  this  I 
bill  which  nro  not  the  subject  of  the  following  special  inter-  | 
rogatories,  thnt  is  to  say :  ' 

Interrogatories. 

1.  'Whether  a  memorandum  of  agreement  bearing  date  s 
on  or  about  80th  December,  1874,  was  made  under  tho  . 
hands  of  tho  said  Jay  Gould,  J.  6.  Keiff  and  John  Me- 
Manus,  ns  alleged  in  paragraph  7  of  this  bill.  | 

826  2-  Whether  tho  said  Harrington,  on  or  about  10th  j 

April,  1876,  handed  or  sent  to  said  Gould  n  letlor  of  that  | 
date,  and  tho  said  deed  or  Oth  April,  1876,  ns  alleged  in  H 
paragraph  10  of  this  bill.  fij 

8.  Whether  tho  said  Harrington,  on  or  about  16th  J 
April,  1876,  handed  or  sent  to  said  Gould  a  letter  of  thnt  1 
date,  and  tho  said  deed  of  10th  April,  1876,  as  alleged  in  9 
paragraph  11  of  this  bill.  <1 


-1.  Whether  notices  in  writing  dated  on  or  about  27th 
August,  1876,  notifying  tho  said  Gould  and  the  Atlantic 
and  Pncifio  Telegraph  Company  to  discontinue  tho  use  of 
the  said  inventions  of  tho  said  Edison,  wero  served  upon 
or  received  by  tho  said  Gould  and  tho  said  company 
respectively. 

6.  AY  bother  tho  President  of  tho  Atlantic  and  Pacific 
Telegraph  Company,  its  Yicc-President,  Secretary  and 
Treasurer,  and  tho  said  Jay  Gould  or  nny  or  either  of  them 
have  or  has  declared  before  tho  commencement  of  this  suit 
that  the  said  company  did  not  intend  to,  and  would  not 
issuo  81,800  shares  of  tho  stock  of  the  said  company,  to  bo 
distributed  in  accordance  with  tho  said  letter  dated  16th 
April,  1876 ;  or  that  tho  provisions  and  conditions  of  tho 
said  proposed  bargain  set  forth  in  tho  said  memorandum 
of  agreement  dated  80th  December,  1874,  had  not  been 
complied  with  by  the  party  therein  called  11  Tho  Automa¬ 
tic,"  whoreforo  tho  Atlantio  and  Paoifio  Telegraph  Com¬ 
pany  was  not  bound  to,  and  would  not  issuo  tho  stock 
therein  referred  to. 

6.  Whether  tho  Atlantic  and  Pacific  Telegraph  Com¬ 
pany  has  offered  to  pay  in  lieu  of  tho  snid  40,000  shares 
any  smaller  number  of  shnres  of  snid  stock,  or  any  other 
consideration  ns  the  prico  of  tho  said  patonts,  inventions  and 
property  proposed  to  bo  sold  to  tho  said  company,  in  ac¬ 
cordance  with  tho  said  memorandum  of  agreement,  dated 
80th  Decomber,  1874. 

7.  Whether  tho  defendants,  tho  Atlantio  and  Pacific 
Telegraph  Company,  on  or  about  1st  February,  1876, 
obtained  possession  of  tho  snid  telegraph  lino  running 
from  Now  York  to  Washington,  and  tho  offices  on  tho 
snid  lino,  and  the  equipments  thereof,  with  tho  machines 
and  apparatus  therein,  ns  nllegcd  in  paragraph  14  of  this 
bill,  or  how  otherwise. 

8.  Whether  the  defendant,  Tho  Atlantio  and  Pacific 


84 

330  Telegraph  Company,  has  made,  as  alleged  in  paragraph  18 
of  this  bill,  a  separate  and  independent  purchase  of  some, 
and  if  any,  what  right  or  title  held  by  George  Little,  which 
according  to  the  said  arrangement  with  the  said  Gould 
was  to  be  included  in  the  transfers  to  bo  made  to  the 
Atlantic  and  Pacific  Telegraph  Company,  in  consideration 
o£  the  said  40,000  shares  of  stock. 

62.  And  your  orators  pray  that  it  may  bo  adjudged  and 
decreed : 

831  (1)  That  tko  defendants,  the  Atlantio  and  Pacific  Tele¬ 

graph  Company,  their  clerks,  attorneys,  ngonts,  servants 
and  workmen,  be  perpetually  onjoinod  and  restrained  from 
directly  or  indirectly  using  or  causing  or  authorizing  to  bo 
used,  tho  said  patented  inventions,  or  any  or  cither  of 
them,  or  any  part  thoreof.  And  that  tho  said  tho  Atlantic 
and  Paoific  Telegraph  Company  shall  account  to  your 
orators  for  tho  profits  made  by  tlioir  uso  of  tho  said 
patented  inventions,  any  or  citlior  of  them,  or  of  any  part 
thereof  And  shall  also  account  for  and  pay  over  to  your 

382  orators  three  times  tho  amount  of  tho  damages  sustained 
by  your  orntors  by  reason  of  tho  infringements  of  their 
said  'rights,  by  tho  said  tho  Atlantic  and  Paoifio  Telegraph 
Company. 

And  that  a  preliminary  injunction  may  bo  granted, 
enjoining  and  restraining  the  defendants,  the  Ail  nine 
and  Pacifio  Telegraph  Company,  thoir  attorneys,  clerks, 
agents,  servants  and  workmen,  to  tho  same  purport,  tcnoi 
and  effect  heretofore  prayed  for  in  rogard  to  said  perpetual 
injunotion. 

333  (2)  That  the  said  doeds  of  assignment  from  tho  said 

Goorgo  Harrington  to  the  said  Jay  Gould,  dated  respect, 
ively  1st  January,  1876,  0th  March,  1376,  and  9th  April, 
1876,  nrc,  and  each  of  them  is  inoperative  and  of  no  legal 
effect. 

(3)  That  tho  said  Jay  Gould  and  tho  Atlantic  and 
Paoifio  Telegraph  Company  have  not,  nor  hath  oithcr  of 


3  85 

I  them,  any  right  or  titlo  under  or  by  virtue  of  tho  same,  334 
jj  in  or  to  the  said  patents  and  inventions,  any  or  either  of 
I  them. 

[j  (4)  That  the  said' Jay  Gould  and  tho  Atlantic  and  Pa- 
j  ci lie  Telegraph  Company  have  not,  nor  hath  either  of 
i  them  any  right  to  continue  tho  uso  of  the  said  patented 
I  machines,  apparatus,  doviecs,  means  and  contrivances,  nor 
/  any  or  either  of  them. 

((6)  That  tho  said  Jay  Gould  and  his  assigns  shall  trans-  885 
\  for  whatever  titlo  tho  said  Jay  Gould  may  havo  acquired 
i  ill  and  to  tho  said  patents  and  inventions,  under  or  by 
|s  yirtuo  of  tho  said  deeds  of  1st  January,  9tli  March  and 
'  fltli  April,  1876,  or  relcnso  all  claim  thereto  unto  your 
orntors. 

(G)  That  tho  said  Jay  Gould  and  tho  Atlantio  and  Pa- 
ft  cifie  Telegraph  Company,  ami  each  of  thorn,  bo  restrained 
I'  from  selling,  disposing  of,  or  transferring  in  any  way,  tho 
I  said  inventions  and  patents,  any  or  either  of  them,  or  any  333 
Ej  right  or  interest  therein,  any  or  cither  of  them,  or  any  part 
I  thereof,  without  tho  order  of  this  court. 

(7)  That  llio  said  Jay  Gould  and  tho  Atlantio  and  Pa- 
!  eifio  Tolegraph  Company,  respectively,  bo  also  restrained 
■  from  acting  in  any  way  under  citlior  of  the  powors  of  at¬ 
torney  contained  in  tho  said  doeds  of  1st  January  and  9th 
f  March,  1875. 

I  And  that  they  bo  also  severally  onjoinod  from  acting 
or  assuming  to  net  under  tho  said  powor  of  attorney  from  337 
said  Edison  to  said  Gould,  bearing  dale  4th  January,  1876, 
in  such  a  way  ns  to  conflict  with  tho  powers  and  rights  of 
tho  said  Harrington,  under  and  by  virtuo  of  the  said  deed 
of  4th  April,  1871. 

(8)  And  that  your  orators  may  havo  such  otlior  and 
further  relief  in  tiio  promises  ns  tho  nature  of  tho  easo  may 
require,  and  shall  be  agreeablo  to  equity  and  good  con¬ 
science. 


8  The  defendant,  Jay  Gould,  is  required  to  answer  the  in¬ 
terrogatories  in  the  foregoing  bill  of  complaint,  numbered 
respectively,  1,  2,  3,  4  and  5. 

And  the  defendant,  the  Atlantic  and  Pacific  Telegraph 
Company,  is  required  to  answer  interrogatories  4,  0,  0,  7 
and  8. 

Tiios.  A.  Edison. 

BUTLER,  STILLMAN  &  HUBBARD, 

Solicitors  for  Complainants. 


CIRCUIT  COURT  OE  THE  UNITED  STATES 


IE  SOUTHERN  DISTRICT  OF  NEW  V 


Thomas  A.  Edison,  one  of  tho  plaintiffs  abovo  named, 
being  duly  sworn,  deposes  and  says  that  tho  foregoing 
,0  complaint  is  true  to  bis  own  knowledge,  except  ns  to  those 
matters  thorcin  stated  on  information  and  belief,  ami  ns 
to  those  matters  ho  believes  it  to  bo  true. 


Sworn  to  boforo  me,  this  1 
17th  day  of  May,  1876,  j 


THOMAS  A.  EDISON. 


George  E.  Betts, 

U.  &■  Commissioner. 


Whereas  I,  Thomas  A.  Edison,  or  tho  City  of  Newark, 
Stato  of  New  Jersey,  for  oortnin  valid  and  valuable  con¬ 
siderations  to  me  in  hand  paid,  and  in  further  considera¬ 
tion  of  certain  covenants  and  stipulations  to  bo  fulfilled  by 
Georgo  Harrington,  of  Washington,  District  of  Columbia, 
did  stipulate  and  agreo  to  invent  and  construct  for  tho  said 


Harrington  full  and  complete  sots  of  instrumcnte  and  ma.  , 

ohincrv  that  should  successfully  and  economically  dovelop 
into  practical  use  tho  Little  or  other  system  of  automatic 
or  fiU  system  of  telegraphy,  and  subsequently  to  improve 
mid  perfect  such  instruments  and  machinery  by  adding 
‘thereto,  from  time  to  time,  such  further  inventions  as  ex¬ 
perience  should  demand  and  my  ability  as  an  inventor  and 
electrician', night  suggest  and  permit-nml  furthermore,  to 
prepare  or  cause  to  ho  prepared  tho  necessary  description 
papers,  tho  models  and  drawings  requisite  to  obtain  patents 
for  all  such  inventions  and  improvements,  the  said  inven¬ 
tions  and  improvements  to  bo  the  joint  property  of  the  said 
Harrington  and  myself,  and  tho  patents  to  bo  issued  to  tho 
said  Harrington  and  myself,  in  the  proportionate  interest 
of  two  thirds  to  said  Harrington  and  one  third  to  myself; 
tho  wholo  to  bo  under  tho  sole  control  of  said  Harrington, 
to  bo  disposed  of  by  him  for  our  mutual  benefit  in  tho  pro¬ 
portions  heroin  before  recited,  in  such  manner  and  to  such 
extent  ns  he,  tho  said  Harrington,  should  deem  advisable, 
with  power  to  sell,  transfer  and  convey  the  wholo  or  any 
part  of  tho  rights  and  titles  in  and  to  any  or  all  of  said  in¬ 
ventions  and  improvements,  ns  also  of  tho  patent  or  other 
ri'dits  arising  therefrom.  And  tho  said  Harrington  having 
faithfully  fulfilled  all  of  the  covenants  and  stipulations 
entered  by  him  ;  _ 

Now,  therefore,  bo  it  known  that,  in  consideration 
;  thereof,  and  of  tho  sum  of  olio  dollar  to  mo  in  hand  paid,  I, 

1  Thomas  A.  Edison,  of  tho  City  of  Newark,  Suite  of  Now 
;  Jersey,  do,  by  these  presents,  hereby  assign,  set  over  and 
convoy  to  him,  tho  raid  Harrington,  two  thirds  in  interest 
of  all  my  said  inventions,  including  therein  all  my  inven¬ 
tions  of  mechanical  or  copying  printers,  and  of  all  ..the 
.patents  for  all  such  inventions  and  printers,  whether 
already  issued,  applied  for,  or  to  bo  hereafter  applied  for, 
and  of  all  and  whatsoever  of  my  inventions  and  improve- 

I  meats  made  or  to  bo  made,  and  of  all  the  patents  that  may 
bo  issued  therefor,  that  are  or  may  bo  applicable  to  auto¬ 
matic  telegraphy  or  mechanical  printers. 

And  whereas  I  am  desirous  of  obtaining  |tho  cooperation 
and  assistance  of  the  said  Georgo  Harrington  in  disposing 


EXHIBIT  2. 


88  I 

340  of  my  said  one  third  interest,  ns  boforo  recited,  mid  for  the  | 
purpose  of  united  and  harmonious  action  in  negotiating  for  | 
its  use  or  its  sale  and  transfer  by  or  toothers  in  conjunction  I 
with  his  own,  and  in  such  free  and  unrestricted  manner  ns  1 
will  tend  to  success,  and  for  the  sum  of  one  dollar  to  me  in  f| 
hand  paid,  the  receipt  whereof  is  hereby  acknowledged;  !  j 

Now,  therefore,  be  it  known  that  I,  Thomas  A.  Edison,  J 
of  the  City  of  Newark,  State  of  New  Jersey,  have  constituted  I 
and  appointed,  and  by  those  presents  do  constitute  and  np-  I 
point  George  Harrington,  of  the  City  of  'Washington,  a 

847  District  of  Columbia,  my  true  and  lawful  and  pnly  attor-  li 
noy,  irrevocable,  with  power  to  substitute  for  me  and  in  I 
my  name,  and  in  such  mnnncr  ns  ho  may  think  best,  to  ; 
sell,  transfer,  and  convoy  all  of  my  rights,  titles,  and  in-  j' 
lerest  in  and  to  any  and  all  of  my  said  inventions,  and  the  >; 
improvements  thereto,  whether  made  or  to  bo  made,  audio 
sell,  transfer  and  convey  all  of  my  rights,  by  patent  or 
otherwise,  arising  therefrom,  already  made  and  obtained, 
and  all  such  ns  may  horonfter  bo  made  or  obtained,  and  to  4 
execute  in  full  any  or  all  the  necessary  papers  and  docti-  f 

848  ments  requisite  for  the  transfer  of  title,  and  to  invest  in  i 
other  parlies  full  and  legal  ownership  therein,  hereby  I 
divesting  myself  of  and  investing  him,  the  said  Harring-  f 
ton,  with  all  the  powers  necessary  in  the  premises,  fully  ; 
and  completely,  to  carry  out  tlio  purposes  and  intentions 
heroin  set  forth,  hereby  fully  confirming  all  that  my  said  f 
attorney  may  or  shall  do  in  the  promises  as  fully  as  if  (lotto  I; 
by  mo  in  person,  and  requesting  the  Commissioner  of 
Patents  to  rccognizo  him  ns  such  attorney. 

In  -witness  whorcof,  I  have  horcunto  set  my  hand  and 

849  affixed  my  seal,  in  the  City  "of  Newark,  this  -Itld'duy  of 
April,  1871. 

T.  A.  EDISON.  [!„*]  ' 

In  prcsonco  of— 

A.  D.  Conuiur,  ]  1 

A.  B.  Oandee.  1 


Beeorded  Mny  6th,  1871,  Liber  U  13,  p.  412,  Transfers 


[Copy.] 


New  York,  Deo’r  80,  '7-4. 


It  is  heroby  understood  that  the  undersigned  will  heart¬ 
ily  cooperate  in  concluding  an  alliance  between  the  A.  & 
P.  Tel.  Co.  and  the  Automatic  System,  on  the  geueral 
basis  following: 


A.  k  P.  to  increase  her  capital  to  $15,000,000 


Automatic  interests  to  rcceivo  4,000,000 

To  remain  in  Treasury,  1,000,000 


The  14,000  Shares  A.  k  P.  now  in  tbo  Co.’s  Treasury 
to  be  distributed  to  the  A.  &  P.  Stockholders  ns  n  dividend. 
Automatic  System  covering  Patents,  Contracts,  etc.,  etc.,  to 
bo  turned  over  to  A.  k  P.  Tel.  Co.  Management  to  bo  852 
mutual  and  subject  approval  of  Mr.  Jay  Gould  k  Col. 
Tlios.  A.  Scott. 

Gcn’I  T.  T.  Eckert  to  bo  President. 

T.  A.  Edison  to  bo  Electrician. 

D.  H.  Crnig  to  organize  the  news  Doplmt 

The  Automatic  are  to  conclude  the  ponding  Contracts 
with  Erie,  P.  11.  I?,  and  B.  k  0.  &-turn  them  over  to  A. 
k  P.  The  A.  k  P.  Tel.  Co.  to  assume  the  liabilities  under 
said  contracts.  Automatic  to  ltavo  representation  on  Ex-  853 
ccutive  Committee. 

Jay  Gould.  Josiah  C.  Eeiff.  Jno.  McManus. 

12* 


364  L'ber  H“  p.  138.  I 

Whereas  Letters  Patent  of  the  United  States  have  been  I 
duly  granted  for  inventions  of  Thomas  A.  Edison,  of  Notv-  I 
arl;, N.  J-,  as  follows:  [: 

No.  121,601,  dated  Dec.  6,  1871,  for  an  Apparatus  for  ji 
Perforatin';  Paper  Tor  Tclcgrapbio  purposes.  j 

No.  123,084,  dated  February  27th,  1872,  for  1  olograph  I 
Apparatus.  B 

355  No.  12-1,800,  dated  March  22d,  1S72,  for  a  1  cleg  rapine 
Uncording  Instrument.  | 

No.  138,841,  dated  Deo.  10th,  1872,  for  a  Typo  Writing  j 
Machine.  _  ,  is 

No.  182,456,  dated  October  22d,  1872,  for  Apparatus  for ... 
for  Perforating  Paper  for  Telegraph  use. 

No.  132,455,  dated  October  22d,  1872,  for  Paper  for  . 

Olicmieal  Telegraphs.  _  f! 

No.  133,010,  doted  November  12th,  1872,  for  an  Elec-  / 
trioul  Printing  Machine.  | 

350  No.  134,  807,  dated  Jnnuary  14th,  1878,  for  Improve- 1 
menti  in  Chemical  Telegraphs.  t 

No.  184,808,  dated  January  14th,  1878,  for  Electro-  [ 
Magnetic  Adjuster. 

No.  141,772,  dated  August  12th,  1878,  for  Telegraphic 
Circuits.  , .  I 

No.  185,581,  dated  February  4th,  1878,  for  lolograplito  v 

Oil'0Ui,S'  ...  ,  I  \6  i 

No.  141,770,  dated  August  12, 1878,  for  lelegraplu  ; 

857  °  No!'' 160,848,  dated  May  12,  1874,  for  Telegraphic 
Circuits.  . 

No.  141,778,  dated  August  12,  1878,  for  Circuits  for 
Chemical  Telegraphs. 

No.  141,775,  dated  August  12,  1878,  for  Apparatus  to 
Perforating  Paper.  . 

No.  141,774,  dated  August  12,  1873,  for  Improvement 
in  Chemical  Telegraphs.  , 

No.  141,777,  dated- August  12,  1573,  for  'I clogrnpn 
Instruments. 


No.  150,847,  dated  May  12, 1874,  for  Deceiving  lustra-  35S 
ment  for  Chemical  Telegraphs. 

No.  147,812,  dated  Feby.  10,  1874,  for  Apparatus  for 
Perforating  Paper. 

No.  147,314,  dated  Feby.  10,  1874,  for  Circuits  for 
Chemical  Telegraphs. 

No.  147,818,  tinted  Feby.  10,  1874,  for  Improvement  in 
Chemical  Telegraphs. 

No.  147,811,  dated  Feby.  10,  1874,  for  Improvements  in 
Chemical  Telogrnphs, 

No.  151,209,  dated  May  26, 1874,  for  Automatic  Tele-  359 
graphs.  \\ 

No.  150,  848,  dated  Novotnbor  17,  1874,  for  Duplex  j  j 
Chemical  Telegraphs.  ' 

No.  100,402,  dated  March  2,  1875,  for  Solutions  for 
Chomienl  Telegraph  Paper. 

No.  100,408,  dated  March  2,  1875,  for  Solutions  for 
Chemical  Tolegrnph  Paper. 

No.  100,404,  dated  March  2,  1876,  for  Solutions  for 
Chemical  Telegraph  Paper. 

No.  160,405,  dated  March  2, 1875,  for  Adjusting  Electro-  360 
Maguets  for  Delays. 

And  the  said  Thomas  A.  Edison  has  mado  application 
for  Letters  Patent  ns  follows : 

Solutions  for  Chemical  Pnpor  filod  Juno  4,  1874,  and 
allowed  September  14, 1874. 

Improvements  in  Chomienl  Telegraphs  dated  Juno  1, 
1874,  and  filed  Julv  26, 1874,  being  Application  Numbor 
88. 

Improvements  in  Chomienl  Tolographs  dated  Juno  1,  361 
1874,  and  (Hod  July  25, 1874.  Application  No.  89. 

Improvements  in  Chemical  Telegraphs  dated  Juno  1, 
1874,  and  filed  July  25,  1874.  Application  No.  90. 


Improvement  V  0  i 
7,  1874,  and  filed  January  16, 
Improvements  in  Automata 
1875,  and  filed  Jan.  27, 1875. 
Improvements  in  Automnti 


ic  Telegraphs  dated  August 
1876.  Application  No.  92. 
ic  Telegraphs  dated  Jan.  18, 
Application  No.  103. 
ic  Telegraphs  dated  August 


7,  1874,  and  filed  Jan.  15,  1875.  Application  No.  98. 


032  Solutions  for  Chemical  Paper  dated  August  14,  1874,  | 
and  filed  Jan.  16,  1876,  being  Application  No.  102.  I 
Automatic  Telegraph  Instrument  dnted  Jan.  18,  1876,  I 
and  filed  Jan.  20,  1876.  Application  No.  104.  I 

llccording  Points  .for  Telegraphs  dated  Jan.  18,  1876,  f 
and  filed  Jan.  20,  1876.  Application  No.  106.  jf 

Preparing  Cliomic.il  Paper,  dated  Jan.  18,  1876,  and 
filed  Jail.  20, 1875.  Application  No.  100.  g 

Automatic  Telegraphs  dated  Jan.  19,  1875,  and  filed  g 
Jan.  27, 1876.  Application  No.  107.  |j'; 

ggg  Automatic  l’clograplis  dnted  Jan.  18,  1876,  mid  filed  j 
Jan.  20,  1876.  Application  No.  108.  p 

Improvements  in  Telegraphic  Apparatus  dated  Feb.  11,  j  /; 
1875,  llled  Fob.  10, 1876.  Application  No.  110.  p 

And  whereas  tho  entiro  rights  in  and  to  the  said  invon-  j . 
tions  and  tho  Letters  Patent  that,  are  or  may  bo  granted  '  , 
thorefor,  are  now  hold  by  virtue  of  assignments  duly  re-  ; 
corded  in  tho  Unitod  States  Patent  Ollico  by  mo,  George  . 
Harrington,  of  Washington,  D.  O.,  and  tho  said  Tliomai 
A.  Edison,  in  tho  proportion  of  two  thirds  by  mo  and  one 

864  'third  by  tho  said  Edison. 

And  whereas  Jay  Gould,  of  tho  City  and  State  of  Neir 
York,  is  desirous  of  acquiring  our  entiro  rights  in  the  said 
inventions  and  Letters  Patout. 

And  whoroas  tho  said  Edison  has  duly  appointed  me, 
the  said  Harrington,  his  true  mid  lawful  attoruoy  in  rola-  j 
lion  to  his  invoutions  and  patents  ; 

385  Now  this  indonturo  wituessoth,  that  for  and  in  con¬ 
sideration  of  tho  sum  of  one  dollar  to  mo  paid,  the 
receipt  of  which  is  hereby  acknowledged,  I,  tho  said  George 
Harrington,  for  myself  individually,  and  as  uttornoy  for  the 
Bnid  Thomas  A.  Edison,  have  sold  and  assigned,  and  do  by  I 
these  presents  assign,  transfer,  set  over  and  convey  unto 
the  said  Jay  Gould  the  entire  right,  titlo  and  interest  o( 
every  character  into,  under  and  connected  with  the  said  in¬ 
ventions,  and  the  Letters  Patent  that  linvo  been  or  may 
. bo  granted  therefor,  for  tho  uso  and  behoof  of  the 


snid  Jay  Gould  or  his  legal  representatives,  ns  fully  and  866 
entirely  ns  the  same  would  liavo  been  held  by  myself  or 
tho  said  Edison,  lmd  this  assignment  and  sale  not  been 

In  witness  whereof,  I,  tho  snid  George  Harrington,  liavo 
hereunto  set  my  hand  and  seal  this  ninth  day  of  April, 

A.  D.  1875. 

GEO.  HAIU1INGTON,  [seal.] 
for  self  and  as  tho  duly  con- 

Recorded  stitutod  Attorney  of  Thomas  307 

May  7, 1876.  A.  Edison.  [seal,] 

Witnesses. 

C.  B.  Harrington. 

James  Hohton.  - 

EXHIBIT  4. 

In  consideration  of  one  dollar  to  mo  paid,  tho  rceoipt  of 
which  is  hereby  acknowledged,  I,  Thomas  A.  Edison,  do 
licroby  approve,  ratify  and  eon  linn  tho  above  trnnsfor  from 
Gcorgo  Harrington  to  Jay  Gould,  so  far  as  relates  to  my  868 
rights  ill  the  snid  inventions  and  Letters  Patent.  . 

As  witness  my  hand  nud  seal  this  fifteenth  day  of  April, 

1875. 

THOS.  A.  EDISON,  [seal,] 

Witness. 

E,  J.  Kilbouhne. 

'C.  B.  Harrington.  - 


New  York,  April  18, 1875. 


[Copy.] 

Sir: 

I  hand  you  herewith  a  specific  assignment  of  each  and 
every  patent  and  application  for  patents,  covering  all  of 
T.  A.  Edison’s  inventions  for  automatic  telegraphy,  and 
whereby  tho  full  and  complete  titlo  invests. 

Tho  consideration  to  bo  paid  therefor  is  thirty-one  tlious- 


94 


870  nnd  eight  hundred  shares  of  the  stook  of  tho  Atlantic  & 
Pacific  Telegraph  Company. 

I  will  thank  you  to  withhold  tho  within  assignment 
until  the  Atlantic  &  Pacific  Telegraph  Company  shall  de¬ 
liver  to  yon  the  said  shares  of  their  stock,  when  tho  assign¬ 
ment  will  bo  delivered  to  thorn. 

These  shares  you  please  hold  subject  to  delivery  to  the 
following  named  parties: 

John  McManus . Heading,  Pa .  43  shares. 

Seyfert,  McManus  <k  Co.,  Phila .  4,093  do. 

871  Wm.  M.  Soy  fort . Phila .  320  do, 

Wm.  J.  Palmer . Colorado .  540  do. 

John  Elliot . Higgs  k  Co.,  N.  Y..  200  do. 

H.  C.  Dnllott,  Jr. . Phila .  60  do, 

E.  Corning . Albany .  80  do. 

James  Dnllott,  Trustee.  ..Phila .  120  do. 

Alex.  Morton . N.  Y.,  80  Broadway.  -10  do. 

J.  J.  Marsh . Haverhill,  Mass...  60  do. 

Sam’l  15.  Parsons . Flushing. .  500  do. 

J.  C.  lieiir . Now  York .  7,057  do. 

872  A.  &  P.  Telegraph  Co .  1,400  do. 

T.  A.  Edison .  8,000  do. 

J.  C.  Hcifi;  Scc’y .  1,428  do. 

Geo.  Harrington . 12,254  do. 

81,800  do. 

Tho  receipts  of  said  parties  shall  bo  your  full  acquit- 

Very  respectfully, 

GEO.  HAKHINGTON.  ^ 

873  Jay  Gould,  Esq. 

Of  tho  above  sums  there  is  tho  amount  of  $-10,000 
(about)  currency,  or  about  1,600  shares  (a  little  less)  to  bo 
deducted  from  the  account  of  J.  C.  llcilf,  nnd  redistributed 
to  J.  C.  Hcifi',  Geo.  Harrington,  S.  B.  Parsons,  Wm.  J- 
Palmer,  Edison  and  McManus.  This  redistribution,  as  it 
shall  be  agreed  to,  will  be  handed  to  you  in  the  torn!  of  a 
paper  signed  by  Heill',  Parsons  nnd  Palmer,  and  should  bo 
approved  by  Edison. 


With  such  paper  please  deduct  and  add  to  respectively,  874 
ns  that  papor  will  show. 

New  York,  April  16,  ’75. 

I,  Thomas  A.  Edison,  owner  of  one  third  of  my  several 
inventions  for  automatic  telegraphy,  sold  with  my  consent 
and  approval  to  Mr.  Jay  Gould,  do  horeby  make  an  allow¬ 
ance  to  Geo.  Harrington  and  J.  C.  Heill',  from  my  1/8 
share  of  tho  proceeds  obtained  for  said  patents,  for  their 
time,  trouble  nnd  services  in  connection  with  said  inven¬ 
tions,  nnd  authorise  such  further  deductions  from  my  shnro 
ns,  with  tho  2/8  controlled  by  Mr.  Harrington,  shall  875 
bo  required  to  roimbttrso  tho  several  parties  by  whom 
money  may  have  boon  advanced  for  automatic  purposes, 
upon  tho  basis  of  four  in  A.  k  P.  stock  to  one  of  cash ;  that 
is  to  say,  in  the  several  nmounts  ns  herein  sot  forth. 

THOS.  A.  EDISON. 

EXHIBIT  6. 

Whereas  tho  Directors  of  tho  Automatic  Telegraph  Com¬ 
pany,  at  n  meeting  specially  convened  for  the  purpose,  nnd  373 
held  on  tho  8th  of  April,  A.  D.  1875,  at  which  more  than 
three  fifths  of  tho  whole  Board  wore  present,  unanimously 
authorized  and  approved  tho  sale  and  transfer  to  tho  At¬ 
lantic  &  Pacific  Telegraph  Company  of  all  the  rights,  titles 
nnd  interests  of  tho  said  Automatic  Telegraph  Company  in 
and  to  tho  telegraph  lino  running  from  Now  York  to 
Washington,  Dist.  of  Columbin,  including  cables  and  all 
other  property  attaching  thereto,  obtained  or  acquired,  or 
to  bo  obtained  or  acquired  by  virtuo  of  a  contract  or  agree¬ 
ment  between  the  National  Telegraph  Company  and  tho  377 
Automatic  Telegraph  Co.,  both  of  wliioh  bear  date  tho  18th 
of  Jnnuary,  A.  D.  1871,  and  copies  thereof  are  herewith. 

And  whereas  the  said  Board  of  Directors  at  tho  said  speeinl 
meeting  unanimously  authorized  and  approved  tho  sale  and 
transfer  to  tho  said  Atlantic  &  Pacific  Telegraph  Co.  of  nil 
the  rights,  titles  nnd  interest  of  tho  Automntio  Telegraph 
Co.  in  and  to  the  Littlo  system  of  telegraphing,  and  in  and 
to  tho  various  patents,  devices  nnd  inventions  of  said 
Georgo  Little,  in  relation  to  or  in  connection  with  said  sys- 


378  tom,  acquired  nnd  obtained  or  to  bo  acquired  or  obtained  B 
under  nnd  by  virtue  of  certain  contracts  mndo  nnd  entered  if 
into  by  nnd  between  Daniel  H.  Craig  and  George  Littlo  oi  9 
the  one  part,  and  tlio  National  Telegraph  Company  of  the  R 
other  part,  bearing  date- the  ninth  day  of  September,  A.  D.  [I 
1S89,  and  supplements  thereto,  dated  respectively  the  10th I  sj 
January,  1870,  25tli  of  April,  1870,  and  81st  of  Jlay,  1870,  :ft 
nnd  the  transfer  to  and  assumption  by  the  said  Automatic  fc 
'Telegraph  Company  of  said  contracts  and  supplements,  tu  ft; 
shown  by  a  certain  contract  or  agreement  between  said  [  sj 

379  National  Telegraph  Company  nnd  Automatie  Telegraph  || 
Company,  bearing  date  the  18th  of  January,  A.  D.  1871,  ?  ! 
nnd  found  herewith  ;  nnd  also  by  a  further  contract  embrac-  P; 
ing  an  exclusive  license  to  use  said  system  under  royalty,  j,  • 
bearing  dnto  the  Otb  May,  A.  D.  1872,  also  to  bo  found  T 
herewith;  nnd  whereas  .more  than  three  fifths  in  interests  f 
of  the  stockholders  of  tho  said  Automatic  Telegraph  Coni'  L 
pnny,  at  a  meeting  hold  on  the  8th  April,  A.  D.  1875,  f 
specially  convened  for  the  purpose,  unanimously  approved 
such,  and  confirmed  such  sale  nnd  transfer; 

880  ■No"’i  therefore,  in  obedience  to  tho  instructions  of  the 

Board  or  Directors  of  tho  Automatic  Telegraph  Company, 
ratified  and  confirmed  by  tho  stockholders,  and  with  the 
approval  of  the  Executive  Committee  of  said  company,  ; 
nnd  for  and  in  consideration  of  the  sum  of  eight  hundred  [i 
nnd  twenty  thousand  dollars,  payable  in  eight  thousand  two  ‘  ; 
two  hundred  shares  of  the  fully  paid  up  stock  of  tho  At-  g 
lantio  nud  Pacific  Telegraph  Company,  j 

I,  George  Harrington,  President,  do  hereby  sell,  assign,  I 
transfer  and  set  over  unto  the  Atlantic  nnd  Pacific  Tele-  t 

881  6r“l>h  Company  the  hereinbefore  recited  contract  or  agree- 1 
ment  of  tho  18th  of  January,  A.  D.  1871,  with  the  Na-  j 
tioual  Telegraph  Company,  and  all  the  right,  title  and  K 
interest  of  the  Automatic  Telegraph  Company  thereby  orbs 
in  any  other  manner  obtained  or  acquired  in  or  to  the  tele- 1; 
graph  line  running  from  Now  York  to  ■Washington,  D.  C.,  | 
cables  and  all  other  property  connected  therewith,  as  also 
all  the  right,  title  and  interest  of  said  Automatic  Telegraph 
Co.,  in  and  to  the  Littlo  system  of  telegraphing,  nud  in  and 
to  tho  several  patents  nnd  devices  of  George  Little,  obtained 


and  acquired,  or  to  be  obtained  and  acquired  under  nnd  by  882 
virtue  of  tho  herein  recited  contract  or  agreement  of  18th 
of  January,  1871,  with  tho  National  Company,  and  the 
contract  and  exclusive  licenso  with  Gcorgo  Little  of  6th 
May,  1872,  as  well  ns  all  claims  therefor  by  virtue  of  any 
moneys  paid  for  patents  for  said  systom  and  development 
thereof.  To  have  and  to  hold,  they,  their  successors  and 
assigns  forevor;  provided,  nevertheless,  that  before  the 
payment  or  delivery  of  stock  herein  provided,  tho  said 
Atlantic  nnd  Pncifie  Telegraph  Co.  shall  bo  entitled  to  ggg 
demand  aud  recoivo  from  tho  National  Telegraph  Company 
the  full  nnd  legal  titlo  to  tho  telegraph  line,  and  tho  transfer 
of  tho  contract  nnd  licenso  for  the  Little  system,  ns  set 
forth  in  tho  agreements  of  18th  January,  1871,  herewith; 

Also  from 

Georgo  Little,  a  full  nnd  specific  legal  assignment  of 
each  nnd  every  United  States  Patent  and  bis  several  im¬ 
provements  and  devices  for  Automatie  Telegraphy.  Also 

D.  H.  Craig,  a  full  and  legal  assignment  from  himself 
or  his  assigns  of  all  interests  and  claims  in  nnd  upon  the  884 
Littlo  system  and  other  devices  for  Automatic  Telegraphy ; 

Also  from 

Marshall  Lcftcrts  or  his  assigns,  of  all  his  claims  upon  tho 
Little  system,  and  all  the  patents  for  drop  copies  nud  other 
devices  for  or  connected  with  automatic  telegraphy  now  or 
heretofore  owned  by  said  Lcllcrts.  Also  from 

Frauk  Anderson,  of  Peckskill,  of  all  his  patents  and 
inventions  for  or  connected  with  telegraphy.  Also  from 

F.  J.  and  George  Grnec,  of  all  their  joint  nnd  several 
clnims  and  dovices  for  fast  telegraphy.  885 

In  witness  whereof,  otc.,  this  tenth  day  of  April, 
1876. 

(Signed,) 

GEORGE  HARRINGTON, 

President  Automatic  TeL  Co. 

Witness:  J.  C.  Eeiff,  Sx'ij. 

13* 


I  hand  you  herewith  deed  of  Transfer  to  the  Atlantic  \ 
and  Pacific  Telegraph  Company  of  all  the  rights,  titlo  and 
interest  of  this  company  in  and  to  the  line  of  telegraph 
reaching  from  Now  York  to  Washington,  D.  C.,  and  of  all 
the  rights,  titlo  and  interest  of  this  company  in  and  to  the 
887  pntents  and  devices  of  Goo.  Little,  comprising  the  Little 
system  of  telegraphy. 

The  consideration  to  bo  paid  for  a  full  and  complete  titlo 
to  said  lino  and  system,  as  set  forth,  is  eight  thousand  two 
hundred  shares  of  tho  stock  of  tho  Atlantic  and  Pacific 
Telegraph  Company. 

You  will  please  hold  said  Deed,  and,  on  completion  of  tho 
titles  by  tho  sevoral  parties  named  therein,  deliver  tho  same 
to  the  Atlantic  and  Pacific  Telegraph  Company,  receive  the 
Stock,  and  pay  over  or  deliver  to  such  parties  respectively 
388  the  said  shares  as  follows: 


(5,000)  Five  Thousand  Shares. 
(1,000)  Ono  Thousand  do. 


To  tho  National  Telegraph 
Co., 

To  George  Little, 

To  D.  II.  Craig  for  himself, " 
Lefi'orts,  assignee, 

F.  Anderson, 

J.  F.  &  Geo.  Grneo, 


and,  for  such  payment  and  delivery,  this  shall  bo  your 
)  authority  and  acquittance. 

GEO.  HARRINGTON, 

President  Automatic  Tel  Co. 


EXHIBIT  8.  3 

Liber  D  10 
Page  150. 

Whoroas.  by  an  indenture  bearing  dato  tho  first  of  Oc¬ 
tober,  A.  D.  1870,  Thomas  A.  Edison,  of  the  City  of  New¬ 
ark,  State  of  New  Jersey,  and  Georgo  Harrington,  of  tho 
City  of  Washington,  District  of  Columbia,  became  copart¬ 
ners  and  joint  owners  as  manufacturers  and  inventors,  for 
a  period  of  livo  years ;  and  whereas  tho  fifth  section  of 
said  indenture  provides  that  tho  said  Edison  “shall  admit 
no  other  parties  to  any  direct  or  iudircot  interest  in,  or  to  8 
any  inventions  or  improvements  mado  or  to  bo  made  by 
him,"  except  as  thereinafter  set  forth,  but  all  such  shall 
inure  and  belong  to  said  Harrington  and  Edison  in  tho 
proportions  as  set  forth  in  section  sixth  of  said  indenture. 

And  whoroas  tho  sixth  section  of  said  indenture  pro¬ 
vides  that  tho  proportions  referred  to  in  section  fifth  shall 
he  one  third  to  said  Edison  and  two  thirds  to  said  Harring¬ 
ton,  all  of  whioh  will  moro  fully  appoar  by  roforonco  to 
said  indenture,  a  copy  of  which  is  horoto  attached.  And 
whereas  in  furthoranco  of  tho  provisions  of  said  iuden  3 
tare,  and  tho  purposes  of  said  copartnership,  tho  said 
Thomas  A.  Edison,  by  an  instrument  in  writing  boaring 
date  the  fourth  day  of  April,  A.  D.  1871,  duly  recorded  in 
the  U.  S.  Patent  Ofiieo  tho  0th  May,  1871,  in  Libor  IJ  10, 
page  -112  of  transfers  of  Patents,  to  whioh  roforonoo  is 
made,  duly  sots  forth  tho  fact  of  said  joint  ownership  in  his 
inventions,  in  tho  proportions  of  one  third  to  said  Edisou  . 
and  two  thirds  to  said  Harrington,  and  did  thoroin  formal-  j 
ly  assign  nnd  set  over  to  said  Harrington  an  undivided  | 
two  thirds  of  all  of  his  inventions  mado  or  to  bo  mado,  3 
and  then  nnd  thoroin  constitute  nnd  nppoint  the  said  Georgo 
Harrington  his  true,  lawful  nnd  only  attorney  irrovoenble, 
with  power  to  substitute,  for  him  and  in  his  name  and  in 
such  manner  as  tho  said  Harrington  may  think  host,  to 

sell . transfer  and  convoy  all  his  rights,  titles  nnd 

interest  in  and  to  all  of  his  said  inventions  and  tho  im¬ 
provement  thereto,  whether  mado  or  to  bo  mado,  nnd  to 
sell,  transfer  and  convoy  all  bis  rights  by  patent  or  other¬ 
wise  arising  therefrom  already  mado  and  obtained,  and  all 


100 


101 


894  such  as  may  hereafter  he  mndo  or  obtained,  and  to  execute  y 

in  full  any  and  all  the  necessary  papers  and  document!  I 
requisite  for  the  transfer  of  title  *  *,  etc.,  as  is  more  fully  ■ 
set  forth  in  snid  instrument  of  writing.  I. 

And  whereas,  during  tho  period  of  snid  copartnership  V 
and  joint  ownership,  tho  said  Edison  matlo  certain  inven-  'i; 
tions  for  Duplex  and  Quadruplex  transmission  of  intclli-  k 
goneo  at  the  snmo  time  upon  one  and  the  same  wire,  known  | 
ns  Quadruplex  telegraph,  for  which  applications  for  patent!  ft 
have  been  made  and  nro  to  bo  made. 

895  And  whereas  I,  tbo  said  Georgo  Harrington,  in  tho  ex-  | 

orciso  of  my  best  judgment,  anil  in  furtherance  of  wliatl 
deem  tho  best  interests  of  tho  said  Edison  ns  well  ns  my-  j’i 
self,  having  determined  to  dispose  of  the  said  Duplex  and  ' 
Quadruplex  inventions  of  said  Edison ;  || 

Now,  therefore,  bo  it  known  that  for  and  in  considcn-  || 
tion  of  tho  sum  of  ono  dollar,  and  of  further  valuable  and  j 
valid  considerations  to  mo  in  hand  paid,  tho  receipt  where-  | 
of  is  hereby  acknowledged,  I,  tho  said  George  Harrington,  j 
of  tho  City  of  Washington,  District  of  Columbia,  have  I 
898  granted,  bargained  and  sold,  and  by  these  presents  do  here- 1 
by  grant,  bargain,  sell,  assign,  transfer  and  convoy  unto 
Jay  Gould,  of  tho  City  of  Now  York,  State  of  New  York, 
his  executors,  administrators  and  assigns,  the  said  inven- 1 : 
tions  of  said  Edison,  known  ns  Duplox  and  Quadruplex  h! 
telegraphs,  togethor  with  all  the  rights,  title  and  interest! 
therein  and  thoroto  of  tho  snid  Thomas  A.  Edison  ns  the  U 
inventor  thorcof,  and  all  the  rights,  title  and  interest  of  the  | 
said  Thomas  A.  Edison  and  of  the  snid  George  Harrington,  | 
as  tho  assignees  of  said  Edison,  or  either  of  them,  and  all  | 
897  tho  right,  titlu  mid  interest  which  they,  or  either  of  them,  V 
now  have  or  may  hereafter  acquire  in  or  to  any  Letters  I 
Patent  issued  or  allowed,  or  that  may  hereafter  be  issued  I 
or  allowed  for  any  such  inventions,  whether  made  or  to  he  J 
made,  ns  well  as  to  all  improvements  that  may  hereafter  he  | 
made,  and  in  and  to  any  reissues  or  extensions  of  the  same  | 
or  any  of  them,  that  in  any  manner  relate  to  Duplox  and  1 
Quadruplex  telegraphy  ;  to  hnvo  and  to  hold  for  himsolf,  | 
his  executors,  administrators  and  assigns,  for  his  and  their  | 
own  use  and  behoof,  to  tho  full  end  of  tho  term,  as  well  as  I 


(the  renewals  or  extension  thereof,  for  which  Letters  Patents  898 
hnvo  boon  or  may  herenftor  bo  granted,  as  fully  and  ontirely 
as  tho  snmo  would  hnvo  been  or  could  bo  hold  and  onjoyod 
by  said  Edison  or  snid  Harrington,  or  either  of  thorn,  had 
this  assignment,  sale  and  transfer  not  boon  made. 

<1  And  I,  tho  said  Georgo  Harrington,  noting  for  himself, 

/|  and  as  tho  lawfully  constituted  attorney  of  said  Thomas 
||  A.  Edison,  do  hereby  authorize  and  empower  the  said  Jay 
p  Gould,  his  administrators  and  assigns,  ns  a  vested  right 
:|  conferred  hereby,  to  call  upon  snid  Edison  for  all  necessary 
I  specifications,  drawings,  models,  and  whatsoever  may  be  399 
i  necessary  to  obtain  United  States  Pntcnts  for  any  of  snid 
4  inventions  and  improvements,  whether  mndo  or  to  bo  made, 

B  and  for  all  such  further  assignments  ns  may  bo  necessary 
or  requisite  to  vest  in  tho  said  Jay  Gould,  his  oxccutors, 
administrators  or  assigns,  full  nnd  comploto  titlo  to  all 
such  inventions  nnd  improvements,  heroby  substituting  and 
appointing  tho  snid  Jay  Gould,  or  such  other  person  ns  I10 
may  indiento,  my  true,  lawlbl  nnd  only  nttornoy,  irrevoca¬ 
ble,  with  power  to  substitute,  ns  I  am  authorized  to  do  in 
tho  instrument  of  writing  of  April  4th,  A.  D.  1871,  before  499 
recited,  divosting  myself  nnd  investing  him,  tho  said  Jay 
Gould,  in  all  that  relates  nnd  applies  to  Duplox  nnd  Quad- 
1.  ruplox  tolcgrnphs,  and  no  more,  with  all  tlio  power  in  tho 
||  premises,  ns  if  oxeroisod  by  mo  in  person,  and  requesting 
||  tho  Commissioner  of  Patents  to  recognize  him  ns  tho  duly 

S  constituted  nttornoy  of  snid  Edison  and  Harrington  in  all 
■unitors  and  inventions  rolating  to  Duplox  and  Qundruplox 
telegraphy.  Provided,  novertholoss,  that  it  is  distinctly 
understood,  agreed  and  stipulated  that  this  disposition,  sale 
and  assignment  of  Duplex  nnd  Qundruplox  telegraphy,  nnd  494 
this  deed  of  conveyance  and  transfer  does  not  nnd  shall 
I  not  bo  construed  to  includo  any  inventions  heretofore  mndo, 

I  nor  any  patents  heretofore  issued  or  allowed,  nor  any  futuro 
|  improvements  thcroof  or  thereto  for  Duplox  telegraphy  in 
connection  with  Chomicnl  telegraphy,  but  all  such  remain 
as  tho  property  of  snid  Harrington  and  Edison,  and  under 
tho  solo  control  of  snid  Hnrringlon,  tho  samo  ns  if  this 
salo,  assignment  and  deed  of  transfer  had  not  boon  mado 
or  executed. 


402 


In  witness  wlicroof,  I,  tho  said  Gcorgo  Harrington,  lot  i  and  grant  to  Jay  Gould,  of  tho  city,  county,  and  State  of  406 
myself  and  as  tho  duly  constituted  attorney  of  Thomas  A  H  Hew  York,  full  and  irrevocable  power  and  authority  t< 


In  presence  of  ] 
Wm.  P.  Cox, 
D.  Dohsky.  J 


Edison,  have  hereunto  set  my  hand  and  seal,  in  tho  City  of  j 
Baltimore,  Stato  of  Maryland,  this  first  day  of  Jammy, 
A.  D.  1S76.  I 

,  GEOHGK  HARRINGTON,  [seal] 

>  for  myself  and  as  tlio  duly 

1  constituted  ntt'y  of  Tins,  j 

A.  Edison.  [seal] 
Memo.  Where  “  Qundruplcx "  is  nlono  inontioned  i 
408  tho  foregoing  paper,  it  was  intondod  to  bo  preceded  by  tin] 
words  “  Duplex  and  ”  where  theso  liave  boon  accidentally 
omitted. 

Beeordod  GEO.  HARRINGTON,  [seal] 

March  81,  1876.  for  myself  and  as  the  duly  con¬ 

stituted  attorney  for  Thos.  A. 

'  Edison.  [seal] 


EXHIBIT  No.  0. 

Know  all  men  by  theso  presents,  that  whereas  T,  Tliomu 
A.  Edison,  of  Newark,  in  the  Stato  of  Now  Jersey,  have 
invontod  certain  improvements  in  duplex  telegraphs,  for 
which  I  have  oxccutcd,  and  am  about  to  execute  applica¬ 
tions  for  lottors  patent  of  the  United  States,  and  such  appli¬ 
cations  are  numbered  04,  95,  96,  97,  98,  99  and  100,  anil 
are  dated  August  19, 1874. 

And  whereas  I  have  invented  other  improvement!] 
in  duplex  telegraphs,  tho  descriptions  and  models  of 
have  been  lodged  with  L.  W.  Scrrcll,  of  the  city,  county  amlW| 
405  Stale  of  New  York,  for  tho  purpose  of  obtaining  patents.  £ 

And  whereas  I  am  the  inventor  of  othor  improvemen 
relating  to  duplex  as  well  ns  qundruplex  telegraphs,  to  1 
both  of  which  I  am  about  to  make  application  for  letten 
patent; 

Now,  in  consideration  of  ono  dollar  to  me  in  hand  pai<h 
the  receipt  of  which,  as  well  as  other  good  and  valuable 
considerations,  I  do  hereby  acknowledge,  I  do  hereby  give 


j  sell,  assign,  transfer,  mid  sot  over  unto  nny  person,  persons 
corporation  any  right,  title,  and  interest  in  or  to  nny  or 
all  of  said  inventions  or  improvements  relating  thereto,  or 
,  to,  or  under  any  letters  patent  which  may  be  granted  to, 
at  any  time  may  belong  to  uic,  relating  to  any  or  all 
said  inventions  or  improvements ;  und  I  do  hereby  also 
give  and  grant  to  said  Jny  Gould  full  and  irrevocable 
power  and  authority  to  give  or  grant  any  license  or  licouses 
in,  to,  or  under  any  or  all  of  saiil  letters  patent,  or  in  or  re-  407 
[Ijluting  to  any  or  all  of  said  inventions  or  improvements. 

And  I  do  hereby  also  give  and  grant  unto  said  Jay  Gould 
full  and  irrevocable  power  and  authority  to  do  and  per¬ 
forin  all  necessary  nets  in  and  about  tho  manngomont  of  my 
[j|  interest  in  said  invention  or  improvements  and  letters  pat- 
ind  each  of  them,  and  in  or  relating  to  any  business 
may  arise  thereunder,  hereby  authorizing  and  ompow- 
him  to  make  and  meet  business  engagements  and  lia- . 
hi  lilies,  and  to  do  and  perform  each  and  every  not  which  Ii 
my  executors,  administrators  or  assigns  might  or  could  408 
in  relation  to  the  management  of  all  business  transac¬ 
tions  relating  to  said  inventions,  improvements  or  loiters 
itcnt,  or  any  of  thorn. 

And  I  hereby  authorize  and  empower  tho  said  Gould 
to  demand,  sue  for,  collect,  receive,  and  give  acquittance 
and  releases,  in  my  natno  or  otherwise,  for  all  sums  of 
money,  debts  and  demands  whatsoever,  which  nro  or  shall  be 
due,  owing,  or  belonging  to  me,  or  detained  from  mo  by 
y  person  or  persons  whomsoever ;  and  also  at  nny  time  to 
nnietice  and  prosccuto  nny  and  all  suits  or  actions  at  law  409 
equity,  in  my  name,  for  the  infringement  of  said  letters 
patent ;  nnd  nlso  to  sign  my  name  to  nny  and  all  papers 
necessary  for  commencing  nnd  carrying  on  said  suits  or 
actions,  nnd  ho  shnll  have  (rower  full  and  irrevocable,  in  my 
nnino,  to  do  and  perform  evory  not  necessary  nnd  proper  in 
and  about  said  suits  and  actions. 

I  do  also  heroby  also  authorize  and  empowor  tho  said 
Jay  Gould  to  appoint  any  substitute  or  substitucB,  at  his 
discretion,  to  do  nnd  perform  all  or  any  of  tho  acts  hereby 


104 

410  authorized,  and  I  do  in  such  caso  hereby  confer  upon  such 
substitute  or  substitutes  each  and  all  of  tho  powers  which 
I  have  hereby  conferred  upon  said  Jay  Gould,  or  which 
may  by  him  bo  delegated  to  such  substitute  or  substitutes. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
seal  this  fourth  day  of  January,  one  thousand  eight  hun¬ 
dred  and  sovonty-fivo. 

THOMAS  A.  EDISON,  [seal.] 

In  prcscnco  of— 

[Tho  words  “  full”  and  “irrevocable"  interlined  between  I 
41X  tho  2d  and  3d,  the  14th  and  15th,  and  21st  and  22d  lines 
of  tho  2d  pago,  and  between  the  2d  and  8d  lines  of  tho  4th  j 
page,  beforo  execution.] 

Olin  J.  Clausen. 

Aiitiiuii  Kinkier  | 

State  of  New  York,  1  ! 

City  and  County  of  New  York,  J  B3'  j 

On  this  fourth  day  of  January,  1876,  before  mo  person¬ 
ally  camo  Thomas  A.  Edison,  to  mo  known,  null  known  to 
412  bo  tho  individual  dosoribed  in  and  who  executed  tho  fore¬ 
going  instrument,  and  acknowledged  that  ho  executed  the 
same  for  tho  purpose  therein  mentioned. 

[seal.]  '  OLIN  J.  CLAUSEN, 

Notary  Public ,  jY.  Y.  £5t[  j 


EXHIBIT  No.  10. 

[Y  18,  p.  848.] 

Know  all  men  by  theso  presents,  that  whereas  i, 
418  ®I0mns  Edison,  of  Newark,  in  the  State  of  Now  Jer¬ 
sey,  have  invented  certain  improvements  in  Duplex  Tele¬ 
graphs,  for  which  I  havo  executed  or  am  about  to  execute 
applications  for  Letters  Patent  of  tho  United  States,  and 
such  applications  are  numbered  04,  06,  06,  07,  98,  09  and 
100,  and  are  dated  August  10,  1874. 

And  whereas  I  hnve  invented  other  improvements  in 
Duplex  Telegraphs,  the  descriptions  and  models  of  which 
havo  been  lodged  with  L.  W.  Scrroll,  of  the  city,  county 


and  Stato  of  Now  York,  for  tho  purposo  of  obtaining  . 
patents.  4 

And  whereas  I  am  tho  inventor  of  other  improvements 
relating  to  Duplex  ns  well  as  Qundruplox  Telegraphs,  for 
both  of  which  I  am  about  to  make  applications  for  Letters 
patent. 

And  whereas  Samuel  M.  Mills,  of  tho  City  of  Brooklyn, 
in  tho  Stato  of  Now  York,  is  desirous  of  purchasing  from 
me  all  tho  right,  title  and  interest  which  I  havo  in  or  to 
the  said  inventions,  or  which  I  may  hereafter  havo  in  and 
to  other  inventions  relating  in  any  manner  to  Duplex  and 
Qundruplox  Telegraphs,  in  consequence  of  tho  grant  of  Let-  4' 
tors  Patent  therefor,  or  of  any  inventions  or  improvomonts 
relating  thereto,  or  hereafter  to  bo  made  by  me,  or  in  which 
I  may  horonftor  havo  any  interest  whntcvcr  ; 

Now  I,  tho  said  Thomas  A.  Edison,  in  consideration  of 
tho  sum  of  thirty  thousand  dollars  to  mo  in  hand  paid,  tho 
receipt  of  which  I  hereby  duly  acknowledge,  havo  sold, 
assigned,  transferred  and  set  over,  and  by  those  presents  do 
sell,  assign,  transfer  and  sot  over  unto  tho  said  Samuel  M. 
Mills,  his  executors,  administrators  and  assigns,  all  tho 
right,  title  and  interest  which  I  havo  in  and  to  all  tho  said  41 
inventions  or  improvements,  and  in  and  to  all  other  inven¬ 
tions  and  improvements  relating  in  any  way  either  to  Du- 
plex  or  Qundruplox  Telegraphs,  and  all  right,  title  or  inter¬ 
est  I  may  now  or  may  hereafter  havo  in  or  to  any  Letters 
Pntcut  for  tuiy  such  inventions  or  improvements,  and  in  or 
to  any  reissues  or  extensions  of  tho  samo  or  any  of  them. 

To  have  and  to  hold  the  samo  to  the  said  Samuel  M.  Mills, 
his  executors,  administrators  and  assigns,  for  his  and  their 
own  use  and  behoof,  to  tho  full  end  of  tho  torm,  ns  well  ns 
renewals  thoreof,  for  which  tho  said  Letters  Palont  havo  41 
been,  or  may  hereafter  bo  grnntod,  ns  fully  and  entirely  as 
the  same  would  have  been  held  and  enjoyed,  or  could  bo 
held  and  enjoyed  by  mo  had  this  assignment  and  sale  not 
been  made ;  and  I  hereby  request  the  Commissioner  of  Pat¬ 
ents  to  issuo  to  the  said  Sntnuel  if.  Mills,  ns  my  assignee, 
Letters  Patent  for  all  my  right,  title  and  interest  in  and  to 
the  said  inventions  or  improvements,  for  tho  solo  use  and 
behoof  of  himself  and  his  legal  representatives. 


106 


107 


I  hereby  further  covenant  and  agree  that  this  assign-  I 
ment  shall  cover  and  include  all  Letters  Patent  granted,  or  I 
to  he  granted,  in  and  for  foreign  countries,  ns  well  ns  tlio  I 
United  Slates,  and  all  inventions  or  improvements  which  I 
may  hereafter  he  made  thereon,  or  relating  thereto,  as  well  f 
as  till  extensions  and  reissues  of  any  such  letters  Patent  in  j 
the  said  United  States  and  idl  foreign  countries.  | 

And  I  hereby  covenant  that  I  have  not  umnufacturcil,  J 
used  or  sold,  or  granted  licenses  or  tho  right  in  any  way  to  I 
any  other  party  or  parties  to  manufacture,  use  or  sell  any 
4P9  of  tho  snid  inventions,  or  any  improvements  thereof,  or  any 
machine  embodying,  or  article  containing  any  of  snid  in¬ 
ventions  or  improvements. 

Anil  the  said  Samuel  M.  Mills,  for  himself,  his  execu¬ 
tors,  administrators  and  assigns,  hereby  covennnls  ami 
agrees  that  he  will  from  time  to  lime,  as  he  receives  the 
same,  pay  to  the  said  Edison,  his  executors,  ndmunstratois 
and  assigns,  one  half  of  till  sums  of  money  which  lie  may 
hereafter  realize  for  tho  granting  of  licenses  of  tho  said  i 
patents,  or  the  sale  of  the  snid  patents  outside  the  jurisdic- 
420  lion  of  the  United  States. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
seal  this  sixth  day  of  January,  one  thousand  eight  hundred 
and  seventy-live.  i 

TIIOS.  A.  EDISON,  | 

By  Jay  Gould,  | 

In  presence  of  Attorney. 

Olin  J.  Clausen. 

State  of  New  Yoke,  1 

City  ami  County  of  New  York ,  j  s' 

•121  0"  tin3  sixth  day  of  January,  1875,  before  me  personally  K 

came  Jay  Gould,  the  attorney  in  loot  of  Thomas  A.  Edison, 
to  me  known  to  ho  tho  individual  described  in  tho  lore- 
going  instrument,  and  the  said  Jay  Gould,  ns  such  altor-  w 
ney,  executed  the  foregoing  instrument,  and  acknowledged  |J 
that  ho  executed  tho  same  as  the  net  and  deed  of  Thomas  |j 
A.  Edison,  therein  described,  and  for  the  purposes  therein  g 
mentioned,  by  virtue  of  a  power  of  attorney  duly  executed  H 
by  the  said  Thomas  A.  Edison  to  tho  snid  Jay  Gould,  bear-  H 


ing  date  tho  4th  day  of  January,  1875,  and  recorded  in  tho  422 
ofQco  of  tho  Commissioner  of  Patents  at  Washington,  D.  C-, 
on  tho  5th  day  of  January,  1875. 

OLIN  J.  CLAUSEN, 

Notary  Public, 

N.  Y.  Co. 

Becordcd  April  10th,  1875. 


[Y  18,  p.  840.] 

Know  all  Men  by  these  Presents: 

That  whorcas  ono  Thomas  A.  Edison,  of  Newark,  in 
the  State  of  Now  Jorsoy,  has  invontod  certain  improve¬ 
ments  in  Duplex  Tologrnphs,  for  which  ho  heretofore  exo-  424 
eutod  or  was  about  to  oxcouto  applications  for  Letters  Pat¬ 
ent  of  tho  United  States,  suoh  applications  being  numbered 
94,  95,  90,  97,  93,  99  and  100,  and  datod  August  19,  1874. 

And  whereas  ho  has  invontod  other  improvements  in 
Duplex  Telegraphs,  tho  descriptions  and  models  of  which 
have  been  lodged  with  L.  W.  Sorrell,  of  tho  oity,  county 
and  State  of  Now  York,  for  the  purposo  of  obtaining 
pn  tents. 

And  wherons  ho  is  tho  inventor  of  other  improvements 
relating  to  Duplex,  ns  well  as  Qundruplox  Telegraphs,  for  426 
both  of  which  ho  proposod  to  make  application  for  Loiters 
Patent, 

And  whereas  I,  Samuel  M.  Mills,  of  tho  City  of  Brook¬ 
lyn,  in  tho  State  of  New  York,  did,  on  tho  0th  day  of  Jan¬ 
uary,  1875,  puro'inso  from  tho  said  Edison  all  his  right, 
titl  i  and  interest  in  and  to  all  said  inventions  and  improve¬ 
ments,  and  in  and  t  >  all  other  inventions  and  improvements 
relating  in  any  way  to  Duplox  or  Qundruplox  Telegraphs,  ns 


f 


426  will  more  fully  appear  by  tlio  assignment  to  mo  by  tho  said 
Edison,  executed  on  tlio  said  sixth  day  of  January,  1876. 

And  whereas  the  Atlantic  and  Pacific  Telegraph  Coni' 
pany  has  agreed  to  purchase  from  me  all  my  said  right, 
title  and  interest ;  ' 

Now,  I,  the  said  Samuel  M.  Mills,  in  consideration  of 
the  sum  of  thirty  thousand  dollars  to  me  in  hand  paid,  the 
receipt  of  which  I  hereby  duly  acknowledge,  have  sold, nr 
signed,  transferred  and  sot  over,  and  by  these  presents  do 
sell,  assign,  transfer  and  sot  over  unto  tho  said  Atlantic 

427  n,1(1  Pacific  Telegraph  Company,  its  successors  and  assign*  I 
•all  the  right,  title  and  interest  which  I  liavo  in  and  to  all  ' 
tho  said  inventions  or  improvements,  and  in  and  to  nil 
other  inventions  and  improvements  relating  in  any  way 
cither  to  Duplex  or  Quudruplox  Telegraphs,  and  all  right, 
title  and  interest  I  may  now,  or  I  or  the  said  Edison  may 
hereafter  luivc  in  or  to  nny  Letters  Patent  for  any  such  in¬ 
ventions  and  improvements,  and  in  or  to  any  reissues  ores-  j 
tensions  of  tho  same  or  nny  of  them ;  to  liavo  and  to  hold 
the  same  to  tho  said  Atlantic  and  Pncifio  Telegraph  Com- 

428  l“»y. its  successors  and  assigns,  for  its  and  their  own  use 
and  behoof,  to  tho  full  end  of  tho  term,  ns  well  as  ronmvali 
thereof,  for  which  tho  said  Letters  Patent  have  been  or  may 
hereafter  bo. granted,  ns  fully  and  entirely  ns  the  same  would  1 
liavo  been  held  and  enjoyed  or  could. . .  .bo. . .  .held  and 
enjoyed  by  mo  had  this  assignment  and  sale  not  been  | 

And  I  hereby  request  tlio  Commissioner  of  Patents  to  1 
issue  to  the  Atlantic  and  Pncifio  Telegraph  Company,  as  my  | 
assignee,  Loiters  Patent  for  all  my  right,  title  and  interest  [j 
42J)  in  and  to  the  said  inventions  or  improvements,  for  the  sola  H 
use  and  behoof  of  itself,  its  successors  and  assigns.  U 

I  hereby  further  covenant  and  agreo  that  this  assignment  [fj 
shall  cover  and  include  all  Letters  Patent  granted  or  to  bo  | 
granted  in  and  for  Foreign  Countries  ns  well  as  the  United  || 
,  tales,  and  all  inventions  or  improvements  which  may  J 
hereafter  bo  made  thcroon  or  relating  thereto,  as  well  as  all  |j 
extensions  and  reissues  of  any  such  Letters  Patent  in  tho  1 
said  United  States  and  all  Foreign  Countries.  | 

And  I  hereby  covcuaut  that  I  havo  not  manufactured,  1 


used  or  sold,  or  granted  liconses  or  tho  right  in  any  way  to  430 
any  other  party  or  parties  to  manufacture,  use  or  sell  any 
of  tho  said  inventions  or  any  improvements  thoreof,  or  any 
mnehino  embodying  or  artielo  containing  nny  of  said  inven¬ 
tions  or  improvements. 

And  I  heroby  eovonnnt  that  I  have  not  in  nny  way  con¬ 
veyed,  assigned  or  encumbered  my  said  interest  in  any  of 
said  inventions,  or  in  nny  Letters  Patent  to  bo  issued  there¬ 
for. 

And  the  said  Atlnntio  and  Pacific  Telegraph  Company,  434 
for  itself,  its  successors  and  assigns,  lioroby  covenants  and 
agrees  that  it  will  from  time  to  time,  ns  it  reooives  tho  snmo, 
pay  to  the  said  Thomas  A.  Edison,  his  executors,  adminis¬ 
trators  and  assigns,  one  half  of  nil  sums  of  money  which  it 
may  horenftor  realize  for  tho  granting  of  liconses  of  the  said 
patents,  or  the  sale  of  tho  said  putcnls  outside  of  the  juris¬ 
diction  of  the  United  States. 

I11  witness  whoroof,  I  liavo  hereunto  sot  my  hand  and 
seal  this  eleventh  day  of  January,  one  thousand  eight  hun¬ 
dred  mid  sevonty-fivo.  432 

SAMUEL  M.  MILLS,  [seal.] 

I11  presoncc  of  ) 

Olix  J.  Clausen,  f 

State  of  New  York,  1 
City  and  County  of  New  York,  f  ss‘ 

Oi\  this  eleventh  day  of  January,  1875,  boforo  mo  per¬ 
sonally  came  Snmuol  M.  Mills,  to  mo  known  to  be  tho  person 
described  in  and  who  oxcoutcd  tho  foregoing  instrument,  and 
acknowledged  that  I10  executed  tho  snmo  for  tho  purposes  433 
therein  mentioned. 

OLIN  J.  CLAUSEN, 

Notary  Public, 

N.  Y.  Co- 

Eceorded  Ap’l  10, 1876. 


r 


1X0 


111 


431  EXHIBIT  12. 

Libor  D  1 1 
Pago  154. 

Whereas,  on  tho  first  day  of  January,  one  thousand  eight 
hundred  and  sovonty-flvo,  I,  George  Harrington,  of  the  Citj 
of  Washington,  District  of  Columbia,  acting  for  myself,  an! 
as  tho  duly  constituted  attorney  of  Thomas  A.  Edison,  di! 
execute  and  deliver  unto  Jay  Gould,  of  tho  City,  Countyani 
435  Stato  ot  Now  York,  a  certain  deed  of  assignment ;  an! 
whereas  in  said  deed,  wherever  the  word  “Quadruples’ 
was  written,  I  intended  to  precede  the  samo  by  tho  wonk 
“  Duplex  and,"  which  said  words  “  Duplex  and "  were 
accidentally  omitted  by  mo  in  tho  places  referred  to,  and 
the  real  intent  and  meaning  of  tho  said  deed  was  to  con¬ 
vey  all  tho  right,  title  and  interest  of  myself  and  tho  said 
Thomas  A.  Edison  in,  to  or  in  any  manner  pertaining  to 
Duplex  as  well  as  Qnndrnplox  Telegraphs. 

And  whereas,  to  provent  difliculty  hereafter,  it  is  expo 
433  diont  to  correct  said  omission  j  Now,  therefore,  this  In¬ 
denture  witnessoth,  that  I,  the  said  George  Harrington, 
noting  for  myself,  and  as  the  duly  constituted  attorney  of 
Thomas  A.  Edison,  in  consideration  of  tho  premises,  amid 
one  dollar  to  mo  in  hand  paid,  by  the  said  Jay  Gould,  have 
granted,  bargained  and  sold,  and  by  these  presents  do  grant, 
bargain,  sell,  assign,  transfer  and  convey  unto  Jay  Gould,  d 
tho  City  of  Now  York,  Stato  of  New  York,  his  executory 
administrators  and  assigns,  all  the  inventions  ot  said  Edison, 
known  as  Duplex  and  Quadruplex  Telegraphs,  together  with 
437  all  the  rights,  titlo  and  interest  therein  and  thereto  of  the 
said  Thomas  A.  Edison  ns  tho  inventor  thereof,  and  all  the 
rights,  titlo  and  interest  of  tho  said  Thomas  A.  Edison  an! 
tho  said  Gcorgo  Harrington  ns  the  assignees  of  said  Edison, 
or  either  of  them,  and  all  tho  right,  titlo  and  interest  which 
they  or  either  of  them  now  have  or  may'  horeafter  acquire 
in  or  to  any  letters  patent  issued  or  allowed,  or  that  may 
horeafter  bo  issued  or  allowed  for  any  such  inventions 
whether  mndo  or  to  be  made,  ns  well  as  to  all  improvements 


that  may  hereafter  bo  made,  and  in  or  to  any  reissues  or  ox-  488 
tensions  of  the  samo  or  any  of  them  thnt  in  any  mnnnor 
relato  to  Duplex  and  Quadruplex  Telegraphy. 

To  linve  and  to  hold  for  himself,  his  Executors,  Admin¬ 
istrators  and  Assigns,  for  his  and  tlicir  own  use,  and  behoof 
to  tho  full  end  of  tho  term,  as  well  as  the  renewals  or  exten¬ 
sions  thereof,  for  which  Letters  Patent  have  been  or  may 
hereafter  be  granted,  as  fully  and  entirely  as  the  samo  would 
have  boon  or  could  bo  held  and  enjoyed  by  tho  said  Edison 
or  said  Harrington,  or  either  of  them,  had  this  assignment, 
sale  and  transfer  not  been  made.  489 

And  I,  the  said  George  Harrington,  noting  for  myself 
and  as  the  lawfully  constituted  attorney  of  said  Thomas  A. 
Edison,  do  hereby  authorize  and  empower  the  said  Jay 
Gould,  his  administrators  and  assigns,  ns  a  vested  right 
conferred  hereby,  to  call  upon  said  Edison  for  nil  tho 
necessary  specifications,  drawings,  models  and  whatsoever 
may  be  necessary  to  obtain  United  States  Patents  for  any 
of  said  inventions  and  improvements,  whether  mndo  or  to 
be  made,  and  for  all  such  further  assignments  ns  may  bo 
necessary  or  requisite  to  vest  in  tho  said  Jay  Gould,  his  440 
executors,  administrators  or  assigns,  full  and  complete 
title  to  all  such  inventions  and  improvements,  hereby 
substituting  and  appointing  tho  said  Jay  Gould,  or  such 
other  person  ns  he  may  indicate,  my  true,  lawful  and  only 
attorney  irrevocable,  with  full  power  to  substitute,  ns  I  am 
authorized  to  do  in  and  by  a  certain  instrument  in  writing, 
bearing  dnto  April  4th  A.  D.  1871,  and  executed  and  de¬ 
livered  by  the  said  Thomas  A.  Edison  to  me,  hereby 
divesting  myself,  and  investing  him,  the  said  Jay  Gould,  in 
all  thnt  relates  and  applies  to  Duplox  and  Quadruplex  444 
Telegraphs,  and  no  more,  with  all  tho  power  in  tho 
premises,  as  if  exercised  by  me  in  person,  and  requesting 
the  Commissioner  of  Patents  to  rccognizo  him  ns  the  duly 
constituted  attorney  of  said  Edison  and  Harrington,  111  all 
matters  and  inventions  relating  to  Duplex  mid  Quadruplex 
Telegraphy.  Provided,  nevertheless,  that  it  is  distinctly 
understood,  agreed  and  stipulated  thnt  this  disposition,  snlo 
and  assignment  of  Duplex  and  Quadruplex  Telegraphy, 
and  this  deed  of  conveyance  and  transfor,  doc3  not  and 


'0 


112 


113 


442  shall  not  bo  construed  to  include  any  inventions  heretofore 
made,  nor  any  patents  heretofore  issued  or  allowed,  nor 
any  future  improvements  thereof,  or  thereto,  for  Duplci 
Telegraphy  in  connection  with  Chemical  Telegraphy ;  hut 
all  such  remain  as  the  property  of  said  Harrington  and 
Edison,  and  under  the  solo  control  of  said  Harrington,  the  jj 
samo  ns  if  this  sale,  assignment  and  deed  of  transfer  had 
not  been  made  or  executed. 

In  witness  whereof,  I,  tho  said  Gcorgo  Harrington, 
for  myself,  and  ns  the  duly  constituted  attorney  of. . 

443  Thomas  A.  Edison,  hnvo  hereunto  sot  my  hand  and  seal,  in 
tho  City  of  Baltimore,  State  of  Mar)  land,  this  ninth  day  of 
March  ono  thousand  eight  hundred  and  seventy-five. 

In  presence  of  )  GEO.  HARRINGTON,  [seal.] 

C,  B.  Hahiiington.  >  for  myself  and  ns  tho  duly 

Seaton  Monhoe.  )  constituted  attorney  of  Tlios. 

A.  Edison.  [seal.] 

Recorded  March  31st,  1875. 

EXHIBIT  13. 

444  IMor  F.  20,  page  51. 

Whereas  George  Harrington,  noting  for  himself  nndm 
the  attorney  of  Thomas  A.  Edison,  made  and  oxecuted  two 
certain  instruments  of  writing,  bearing  date  rcspcctiulj 
January  1st,  1875,  and  March  Oth,  1875,  and  recorded  in 
tho  office  of  tho  Commissioner  of  Patents,  March  31st,  1875, 
whereby  ho  assigned,  transferred  and  convoyed  unto  mo,  Jay 
Gould,  of  tho  City,  County  and  State  of  Now  York,  certain 
rights,  title  and  interest  which  they,  tho  said  Harrington  and 

445  Edison,  might  then  have,  or  might  thereafter  acquire  .a 
certain  patent  rights  and  inventions,  ns  sot  forth  therein ; 

Now,  I,  tho  said  Jny  Gould,  for  and  in  consideration  of 
tho  sum  of  ono  dollar  to  mo  in  hand  paid,  tho  receipt  whercoi 
is  hereby  acknowledged,  do  hereby  assign,  transfer  and  set 
over  unto  tho  Atlantic  and  Pacific  Telegraph  Company,  its 
successors  and  assigns,  any  and  all  rights,  title  and  interest 
in  relation  to  duplex  and  quadruplox  telegraphs  which  1, 1)J 
virtue  of  tho  said  written  instruments  acquired  from  the  said 
Edison  and  tho  said  Harrington,  as  assigneo  of  tho  said 


Edison,  or  either  of  them,  and  may  now  have  or  hereafter  446 
acquire  in  or  to  any  letters  patent  issued,  or  to  bo  issued, 
for  any  such  inventions  as  are  mentioned  in  the  said  written 
instruments,  or  for  any  improvements  on  tho  said  inventions, 
and  in  or  to  any  reissues  or  extensions  of  tho  said  letters 
patent,  or  any  of  them,  and  also  all  other  rights,  title  and 
interest  which  I  now  hnvo  undor  or  by  virtue  of  tho  said 
written  instruments. 

And  I,  tho  snid  Jay  Gould,  do  hereby  give  tho  said  com¬ 
pany,  its  successors  and  assigns,  tho  samo  power  to  call  upon 
the  said  Edison  for  all  the  necessary  specifications,  drawings,  447 
models  and  whatever  may  bo  necessary  to  obtain  United 
States  patents  for  any  of  snid  inventions  and  improvements, 
whether  made  or  to  be  made,  and  for  all  such  further  assign¬ 
ments  ns  may  bo  necessary  or  requisite  for  the  purposo  of 
vesting  in  tho  said  company,  its  successors  and  assigns,  full 
and  complete  titlo  to  all  such  inventions  and  improvements 
which  I  could  oxcrciso  under  tho  said  written  instruments, 
if  those  presents  had  not  been  made,  and  I  hereby  authorize 
tho  said  company  to  appoint  such  person  ns  it  may  select  ns 
the  attorney  for  tho  said  Harrington  and  Edison,  to  do  all  448 
tlioso  things  and  acts  which  I  would  bo  entitled  to  do  undor 
the  said  written  instruments,  if  theso  presents  had  not  been 

It  is  hereby  understood  and  agreed  that  these  presents  nro 
subject,  on  tho  part  of  tho  said  company,  its  successors  and 
assigns,  to  do  all  tho  covenants,  conditions  and  limitations  in 
the  said  written  instruments  contained. 

In  witness  whereof,  tho  snid  Jay  Gould  lias  hereunto  set 
his  hand  and  seal,  and  tho  snid  company  1ms  caused  tlioso 
presents  to  bo  signed  by  its  president,  and  its  corporate  seal  449 
to  bo  hereunto  affixed,  this  nineteenth  day  of  July,  1875. 

JAY  GOULD.  [L.  s.] 

In  presence  of 

tho  word  "are,”  written  over 
an  erasure  on  tho  third  line, 
second  page,  beforo  execu¬ 
tion, 

Olin  J.  Clausen. 

16* 


f  p\ 

f 


115 


IDctemlant’s  Exhibit  37-May  14th,  1877.  ^ 

DeI'AHTMENT  op  tiie  Intemoii,  ) 

United  States  Patent  Office.  ) 

To  all  to  whom  these  Present  shall  come,  greeting  ; 

This  is  to  cartify  that  tlio  annexed  is  a  true  copy  from 
tlio  records  of  this  office  of  an  assignment  recorded  in  Libor 
U.  18,  page  412. 

In  testimony  whereof,  I,  W.  II.  Doolittle,  noting  commis¬ 
sioner  of  patents,  have  caused  tlio  seal  of  tlio  Patent  Office 
to  bo  hereunto  affixed  this  fourteenth  day  of  April,  in  tlio 
yoar  of  our  Lord  one  thousand  eight  hundred  and  seventy-  ‘la3 
I  soven,  and  of  tlio  Independence  of  the  United  States  tho 
one  hundred  and  first. 

[seal.]  W.  H.  DOOLITTLE, 

Acting  Commissioner. 

Whereas,  I,  Thomas  A.  Edison,  of  tho  Oily 
Libor  u.  13,  p.  413.  of  Nawarki  StaUj  of  N-ew  Jersey,  for  cortnin 
valid  and  valuable  considerations  to  mo  in  hand  paid,  and 
in  further  consideration  of  certain  covenants  and  stipula¬ 
tions  to  bo  fulfilled  by  George  Harrington,  of  Washington,  454 
District  of  Columbia,  did  stipulate  and  ngreo  to  invont  and 
construct,  after  the  said  Harrington,  full  and  complotu  sots 
of  implomonts  and  machinery  that  should  successfully 
and  economically  develop  into  practical  use  tho  Littlo 
or  other  system  of  automatic  or  fast  system  of  tolo- 
grnphy,  and  subsequently  to  improvo  and  perfect  such 
instruments  and  machinery,  by  adding  thereto  from  timo 
to  timo  such  further  inveutions  ns  experience  should  de¬ 
mand,  and  my  ability  os  an  invontor  and  olootrician  might 
suggost  and  permit,  and  furthermore,  to  proparo  or  eauso  to  455 
be  prepared  tho  necessary  descriptive  papers,  the  models 
and  drawings  requisite,  and  necessary  to  obtain  patents  for 
all  such  inventions  and  improvements.  Tho  said  inven¬ 
tions  and  improvements  to  bo  the  joint  proporty  of  tho  said 
Harrington  and  myself,  and  tho  patents  to  bo  issued  to  tho 
snid  Harrington  and  myself  in  tho  proportionate  interest  of 
two  thirds  to  snid  Harrington  and  one  third  to  myself,  tho 


456 


457 


468 


wliolo  to  bo  under  tho  solo  control  of  snid  Harrington,  to  1» 
disposed  of  by  him  for  our  mutual  benofit  in  the  propor¬ 
tions  hereinbefore  recited,  in  such  manner  and  to  such  extent 
as  ho  the  said  Harrington  should  deem  advisable,  with 
power  to  sell,  transfer,  and  convey  the  whole  or  any  part 
of  the  rights  and  titles  in  and  to  any  or  all  of  said  inven¬ 
tions  and  improvements,  ns  also  of  the  patents  or  other 
rights  arising  therefrom,  and  the  snid  Harrington  lmvmg 
faithfully  fulfilled  all  the  covenants  and  stipulations  entered 
into  by  him.  Now,  therefore  bo  it  known,  that  in  considera¬ 
tion  thereof,  and  of  the  sum  of  one  dollar  to  me  in  hand 
paid,  I,  Thomas  A.  Edison,  of  tho  City  of  Newark,  State 
of  Now  Jersey,  do  by  these  presents  hereby  assign,  ret 
ovor  and  convey  to  him,  tho  snid  Harrington,  two-thirds 
in  interest  of  all  my  said  inventions,  including  therein  all 
my  inventions,  mechanical  or  copying  printers,  and  of  all 
the  patents  for  all  such  inventions  and  printers,  whether 
already  issuod,  applied  for,  or  to  bo  herenflor  applied  for, 
and  of  all  and  whatsoever  of  my  inventions  and  improve¬ 
ments  inndo  or  to  be  made,  and  of  all  tho  patents  that  may 
bo  issued  therefor,  that  aro  or  may  bo  applicable  to  auto¬ 
matic  telegraphy  or  mechanical  printers. 

And,  whereas,  I  am  desirous  of  obtaining  tho  cooperation 
and  assistance  of  tho  said  Harrington  in  disposing  of  tnj  i 
said  one  third  interest  ns  before  recited,  and  for  the  pur¬ 
pose  of  united  and  harmonious  action  in  negotiating  for  in 
use  or  its  sale  or  transfer  by  or  to  others  in  conjunction  with 
his  own,  and  in  such  free  and  unrestrioted  manner  as  will 
lead  to  success,  and  for  the  sum  of  one  dollar  to  mo  in  hand 
paid,  tho  receipt  whereof  is  hereby  acknowledged.  Now, 
therefore  bo  it  known,  that  I,  Thomas  A.  Edison,  of  the 
City  of  Newark,  State'  of  New  Jersey,  have  constituted  and 
appointed,  and  by  these  presents  do  constitute  and  appoint 
George  Harrington,  of  the  City  of  Washington,  District  oi 
Columbia,  my  truo,  lawful,  and  only  attorney,  irrevocable, 
with  power  to  substitute  for  me  and  in  my  name,  and  in 
such  manner  as  he  may  think  best,  to  sell,  transfer  and 
oonvcynllof  my  rights,  titles  and  interest  in  and  to  nnj 
and  all  of  my  said  inventions  and  tho  improvements  there¬ 
to,  whether  made  or  to  bo  made,  and  to  sell,  transfer  and 


convoy  all  of  my  rights  by  patent  or  otherwise  arising  4go 
therefrom,  already  made  and  obtained,  nnd  all  such  as  may 
hereafter  bo  made  or  obtained,  nnd  to  exeoute  in  full  any  or 
•""» — all  ncoessnry  papers  nnd  documents  requisite 
<  usiim°iv'  !  for  the  transfer  of  title,  nnd  to  invest  in  other 
parties  full  and  lcgnl  ownership  therein  ;  here¬ 
by  divesting  myself  of  nnd  investing  him,  the  said  Harring¬ 
ton,  with  all  tho  powers  necessary  in  tho  promises,  fully  nnd 
— completely  to  carry  out  tho  purposes  and  in. 

!  tonlions  heroin  set  forth,  hereby  fully  confirm- 
ing  all  that  my  snid  attorney  may  or  shall  do  401 
in  tho  promises  as  fully  ns  if  done  by  mo  in  person,  nnd  re¬ 
questing  tho  Commissioner  of  Patonts  to  rccognizo  him  ns 
such  attorney. 

In  witness  whorcof  I  lmvo  hereunto  set  my  hand  and 
n (fixed  my  seal,  in  tho  City  of  Nownrk,  this  fourth  day  of 
April,  eighteen  hundred  nnd  sevonty-ono. 

T.  A.  EDISON,  [seat,.] 

May  6, 1871. 

In  prcsonco  of 

A.  D.  Coburn, 

A.  B.  Cancer. 


Defendant’s  Exhibit  38.— May  14,  1877. 

T1IB  U.  S.  PATENT  OFFICE. 

To  all  persons  to  whom  these  presents  shall  come,  greeting : 

This  is  to  certify  that  tho  annexed  is  a  truo  copy  from 
the  records  or  this  office  of  three  (8)  assignments  recorded 
in  the  volumes,  ns  stilted  upon  tho  margin  of  each  respect-  468 
ively. 

In  testimony  whereof,  I,  Ellis  Spear,  Acting  Commissioner 
of  Patents,  linvo  oattsed  the  seal  of  tho  Patent  Office  to 
be  herounto  affixed,  this  twenty-sixth  day  of  January,  in 
tho  year  of  our  lord  one  thousand,  eight  hundred  nnd 
seventy-five,  nnd  of  the  indcpundonco  of  tho  United  States 
'io  ninety-ninth. 

ELLIS  SPEAR, 


(seac) 


Acting  Commissioner. 


lions,  to  bo  fulfilled  by  Ocorge  Harrington,  01  \i  asmiigio: 
District  of  Coluntbin,  did  stipulnto  and  agree  to  invent  am 
construct  for  tho  said  Harrington  full  and  coiiijdeto  scts< 
instruments  and  innoltincry  that  should  successfully  an 
economically  develop  into  practical  use  tho  Little  or  otla 
system  of  automatic,  or  fast  system  of  telegraphy,  ami  sal 
105  scrpiently  to  improve  and  perfect  such  instruments  ami  m: 
chinory,  by  adding  thorcto  from  timo  to  time  such  furtlierii 
ventions  as  experience  should  demand,  and  my  ability  nsa 
inventor  and  electrician  might  suggest  and  permit;  at 
furthermore,  to  prepare  or  cause  to  ho  prepared  the  nccc 
snry  description  papers,  the  model  and  drawings  requisi 
and  necessary  to  obtain  patents  for  all  such  inventions  an 
improvements,  tho  said  inventions  and  improvements  to! 
tho  joint  property  of  tho  said  Harrington  and  myself,  multi 
patents  to  be  issued  to  the  said  Harrington  and  myself 
400  the  proportionate  interest  of  two  thirds  to  said  UnrringK 
and  one  third  to  myself,  the  whole  to  bo  under  the  solooo 
trol  of  said  Harrington,  to  he  disposed  of  by  him  for  o 
mutual  benefit  in  the  proportions  hereinbefore  recited, 
such  manner  and  to  such  extent  as  lie,  tho  said  HarringU 
should  deem  advisable,  witli  powor  to  sell,  transfer  ami  c< 
vcy  the  whole  or  any  part  of  the  rights  and  titles  in  and 
any  or  all  of  said  inventions  and  improvements,  ns  also 
the  patent  or  other  rights  arising  thorofrom,  and  tho  s: 
Harrington  having  faithfully  fulfilled  all  of  tho  covonai 
407  and  stipulations  entered  by  him  ; 

Now,  therefore,  bo  it  known,  that  in  consideration  the 
of,  and  of  tho  sum  of  one  dollar  to  mo  in  hand  paid, 
Thomas  A.  Edison,  of  tho  City  of  Newark,  State  of  N 


for,  or  to  be  hereafter  applied  for,  and  of  all  and  wlint- 
ir  of  my  inventions  and  improvements  made,  or  to  be 
and  of  all  the  patents  that  may  bo  issued  therefor, 
iro  or  may  bo  applicable  to  automatic  telegraphy  mc- 

ul,  whereas,  lam  desirous  of  obtaining  tho  cooperation 
issistanee  of  the  said  Harrington  in  disposing  of  my 
wo  third  interest,  us  before  recited,  and  for  tho  purpose 
tied  and  harmonious  notion  in  negotiating  for  its  use 
i  sale  and  transfer  by  or  to  others,  in  conjunction  with 
ivn,  and  in  such  free  and  unrestricted  manner  as  will 
to  success,  and  for  the  sum  of  one  dollar  to  me  in  band 
the  receipt  whereof  is  hereby  acknowledged ;  now, 
fore,  bo  it  known,  that  I,  Thomas  A.  Edison,  of  tho 
of  Newark,  State  of  Now  Jersey,  have  constituted  and 
inlcd,  and  by  those  presents  do  constitute  and  appoint 
go  Harrington,  of  tho  City  of  Washington,  District  of 
inhin,  my  true,  lawful,  and  only  attorney  irrevocable, 
power  to  substitute  for  mo,  and  in  my  name,  and 
lelt  manner  ns  lie  may  think  best,  to  soil,  transfer  and 
cy  all  of  my  rights,  titles  and  interest  in  and  to  any 
all  of  my  said  inventions,  and  tho  improvements 
— thereto,  whether  made  or  to  ho  made,  and  to 
*j*'  i  sell,  transfer  and  convoy  all  of  my  rights,  by 
sri. '  |  patent  or  otherwise,  arising  therefrom,  already 
made  and  obtained,  and  nil  such  ns  may  hero- 
bo  made  or  obtained,  and  to  execute,  in  full,  any 
II  the  necessary  papers  and  documents  requisite  for 
transfer  of  title,  and  to  invest  in  other  putties  full 
legal  ownership  therein,  hereby  divesting  myself  oi 
Investing  him,  tho  said  Harrington,  with  all  the  powers 
sary  in  tho  promises,  fully  and  completely  to  carry 
die  purposes  and  intentions  herein  set  forth,  hereby 
•  confirming  all  that  my  said  attorney  may  or  shall 
i  the  premises  ns  fully  ns  if  done  by  mo  in  person, 
nuTwt  and  requesting  tho  Commissioner  of  Patents  to 
a.e.  j  recognize  him  ns  such  attorney. 
s,1,.1'  I  In  witness  whereof,  I  have  hereunto  sot 
_ “1  my  hand,  and  affixed  my  seal,  in  tho  City 


122 


This  indenture,  made  this  first  dny  of  October, 
V.18,  p.  2fl8.  one  thousand  eiglitliuiidrcd  and  seventy,  bv  anil 
between  Thomas  A.  Edison,  of  Newark,  in  the  State  of  Now 
‘182  Jersey,  of  the  first  part,  und  Gcorgo  Harnng. 

1°  >  ton,  of  the  City  of  Washington,  District  ot 

_ Columbia,  of  tho  second  part : 

*  Witnessoth— That  for  and  in  consideration  of  ono  dollar, 
paid  in  hand  ono  to  tho  other,  tho  receipt  whereof  is  hereby 
acknowledged,  and  or  tho  mutual  trust  and  confidence 
which  said  parties  have  in  each  other,  do  each  coveuautnmi 
ngreo  with  tho  other  as  follows: 

tint. — That  the  said  parties  ns  above  named  will  bo  part¬ 
ners  as  inventors  and  ns  manufacturers  of  all  kinds  of  me- 
d8S  ohinery,  instruments,  tools,  battery  materials,  anil  all  an 
whatsoever  may  ho  required  by  the  various  sy  steins  o  te  e 
nrnphy  and  of  all  such  other  machinery,  instruments,  loop, 
articles,  or  things,  the  manufacture  of  which  may  h 
oll’ered  to  or  obtained  and  accepted  by  thorn,  the  said  p 
ties  to  he  interested  ns  owners  in  all  original  inventions  nu 
improvements  invented,  purchased  or  obtained  by  them  o 
either  of  them,  and  in  all  the  interests  and  profits  arising 
therefrom,  and  iu  the  profits  and  losses  arising  from  tho  Dim 


ness  of  manufacturing,  in  tho  proportions  as  hereinafter  set  484 
forth. 

Second. — That  tho  business  of  said  firm  shall  bo  known 
anil  conducted  under  tho  name  and  stylo  of 

The  American  Telegraph  Works. 

Third. _ The  place  of  manufacture  shall  ho  in  tho  City  of 

Newark,  State  of  New  Jersey,  until  such  time  ns  it  may  he 
mutually  ngrcod  to  select  somo  other  locality. 

Fourth. — The  capital  of  tho  firm  shall  ho  nino  thousand  435 
($0,000)  dollars,  of  whioli  the  party  of  tho  first  part  shall 
furnish  tho  sum  of  throe  thousand  dollars  in  tho  manner 
hereinafter  set  forth,  and  tho  party  of  the  second  part  shall 
furnish  tho  sum  of  six  thousand  dollars  in  cash. 

Tho  capital  to  bo  furnished  hy  tho  party  of  tho  first  part 
shall  consist  of  tho  stook,  maohinory,  tools  and  inventions 
owned  wholly  or  in  part  by  him,  of  which  an  inventory 
shall  ho  mado  without  reservation,  but  so  much  of  tho 
stock,  machinery,  tools  and  fixtures  partly  owned  hy  said 
party  of  tho  first  part,  and  in  part  owned  hy  ono  William  486 
Ungor,  as  nro  now  located  and  in  use  at  tho  former  plaoo  of 
business,  tit  number  15  Railroad  Avenue,  Newark,  Now 
Jersey,  shall  ho  allowed  to  rotnain  tliero  for  uso  by  tho 
parlies  hereto,  and  tho  said  William  Ungor  under  tho  un- 
expirpd  partnership  ns  existing  at  this  dnto  hctwcon  Edison, 
party  of  tho  first  part,  and  tho  said  William  Ungor,  but 

f: - said  shop,  machinery,  tools  and  fixtures  known 

{  as  numbor  16  Railroad  Avenue,  shall  not  ho 

_ H  used  ns  a  plaoo  of  general  manufacture  upon 

orders  to  tho  detriment  of  tho  interests  of  tho  manufactory  487 
to  ho  established  and  known  ns  tho  “American  holograph 
Works,"  under  tho  auspices  of  and  to  ho  owned  by  tho 
parties  to  this  indenture,  it  being  understood  and  stipulated 
that  tho  general  manufacture  as  heretofore  carried  on  is  to 
he  transferred  to  tho  American  Telegraph  Works,  to  bo 
established  under  this  agreement,  and  tho  transfer  of  tho 
title  to  the  stock,  machinery,  tools,  fixtures  and  inventions 
owned  wholly  or  in  part  by  the  party  of  the  first  part  to 
tho  parties  of  tho  first  aud  second  part  jointly,  to  bo  held 


'/ 

/ 


124 


125 


488  by  them  in  tbo  proportions  respectively,  according  to  tit 
amount  of  capital  furnished  ns  herein  stipulated,  shall  U 
taken  and  received  ns  full  payment  of  tho  proportion  ci 
capital  to  bo  supplied  by  tho  party  of  tho  first  part. 

Fifth. — The  party  of  the  first  part  shall  give  his  whole 
time  and  attention,  talents  and  inventivo  powers  to  the 
business  and  interests  of  tho  firm,  and  shall  admit  no  other 
parties  to  any  direct  or  indirect  interest  in  or  to  any  inven¬ 
tions  or  improvements  tnndo  or  to  bo  mndo  by  him  except 
ns  hereinafter  sot  forth,  but  all  such  shall  inuro  and  belong! 

189  to  tho  parties  of  tho  first  and  second  parts  ns  nbovo  set 
forth  in  tho  proportions  ns  set  forth  in  scotion  sixth  of  this 
indenture;  provided,  howover,  that  tho  inventions  mndo  ex¬ 
clusively  for  the  Gold  and  Stock  Company,  which,  under  s 
contract  between  said  party  of  tho  first  part  and  Mr.  Marshall 
Lofl'erts,  are  to  bo  tho  solo  property  of  the  Gold  and  Stock 
Company,  arc  not  to  bo  included  in  this  agreement.  But 
the  said  Edison  or  party  of  the  first  part  binds  himself  sot 
to  invent  under  said  contract  any  machinery  that  will  mili¬ 
tate  against  Automatic  Telegraphy,  nor  to  sell,  transfer  or 

490  convey  to  any  parties  whatever,  without  tho  eonsentof  the 
party  of  tho  second  part  hereto,  any  invention  or  improve¬ 
ment  that  may  bo  useful  or  desired  in  automatic  tele¬ 
graphy  ;  and  provided  further,  Hint  for  'any  original  inven¬ 
tions  or  improvements  that  the  party  of  the  first  part  may 
make  other  Ilian  such  ns  may  bo  suggested  or  nriso  from 
tho  current  work  in  tho  manufactory,  there  shall  bo  allowed 
and  paid  by  the  firm  to  the  party  of  the  first  part,  a  reason¬ 
able  and  proper  compensation  therefor  according  to  its 
prnotieal  value,  all  things  considered,  such  payment  to  bo  in 

491  addition  to  and  irrespective  of  tho  proportionate  part  of 

the  profits  of  the  business  of  tho  firm  to  which  the  party  oi 
the  first  part  would  be  otherwise  entitled ;  and  it  is  further 
agreed  that  if  any  disagreement  shall  nriso  as  to  tho  sum 
which  may  bo  claimed  as  reasonable  and  proper  to  be  paid 
for  such  original  invention,  the  question  shall  be  referred  to 
an  arbitrator,  or  if  preferred  by  either  of  the  pnrties,  to  three 
disinterested  pnrties,  one  to  be  chosen  by  each  and  a  third 
by  the  two  thus  chosen,  and  whose  decision  shall  be  final 
and  binding  upon  both.  II 


- Sixth, — That  all  profits  arising  from  tho  bu-  492 

i  |  sincss  of  tho  firm  and  from  all  inventions  and 

iiL.~-.wJe,  improvements  and  from  tho  manufactory  shall 
ho  divided  between  the  parties  ns  follows:  One  third  thereof 
to  the  party  of  tho  first  part  and  two  thirds  to  tho  party  of 
tho  second  part,  and  all  taxes,  rents,  insurance,  and  other 
expenses,  and  all  losses  and  damages,  if  any  such  shall  oc¬ 
cur,  shall  bo  paid  from  tho  general  receipts  of  tho  firm, 
arising  from  its  business.  If  theta  shall  bo  insufficient  re¬ 
ceipts,  tho  deficiency  shall  bo  supplied  by  tho  pnrties  hereto 
in  tho  ratio  of  one  third  and  two  thirds,  or  shall  be  taken  493 
from  tho  capital  of  tho  company. 

Seventh, — Tho  pnrties  shall  be  allowed  and  paid  from  tho 
gross  revenues  arising  from  the  business  a  sum  equal  to  fif¬ 
teen  per  cent,  upon  tiio  capital  per  annum,  to  bo  divided 
into  monthly  payments,  and  a  like  per  contum  on  moneys 
advanced  by  cilbor  pnrty  over  and  above  their  proportion¬ 
ate  parts  of  tho  capital  ns  abovo  set  forth,  and  all  excess  of 
profits  shall  remain  in  the  treasury  of  tho  firm,  to  bo  appointed 
to  the  enlargement  of  tho  works  and  manufactory  mid  ex¬ 
tension  of  tho  business,  ns  may  from  time  to  time  bo  agreed  494 
upon  otherwise  than  ns  set  forth  in  this  section.  There  shall 
bo  no  moneys  or  property  belonging  to  tho  firm  withdrawn, 
tnkon  or  used  by  either  partner,  exeopt  upon  tho  written 
consent  of  both  partners. 

t, - Eighth— Tho  pnrty  of  tho  first  part  shall 

|  1  lmvo  tho  control  and  direction  of  tho  mnnu- 

iiww.~ji  factory,  mid  shall  employ  mid  dismiss  all  work¬ 
men  ns  ho  shall  deem  best  for  tho  interests  of  tho  firm ; 
shall  purchase,  at  lowest  cash  price,  without  commission,  tho 
machinery,  tools,  stock  and  other  necessaries  required  in  tho  495 
manufactory,  aud  generally  shall  be  responsible  for  the  care¬ 
ful  preservation  of  tho  mnohinery  and  property  of  tho  com¬ 
pany  and  tho  economical  conduct  of  the  manufacturing  part 
of  tho  business. 

But  the  manner  of  keeping  tho  accounts  and  books  of 
the  firm  and  manufactory,  and  tho  employment  of  porsons 
required  in  keeping  such  accounts  and  books,  and  all  that 
relates  to  tho  financial  allhirs  of  tho  firm  and  business,  and 
the  disposition  of  tbo  products  of  tho  manufactory,  shall  bo 


126 

490  performed  or  approved,  controlled  nnd  directed  at  liis  optic; 
by  tlio  party  of  the  second  part. 

Ninth _ There  shall  be  no  notes  given  nor  any  linbililia 

created  by  any  member  of  the  linn  without  the  previoa 
assent  of  both  the  partners. 

Before  contracts  shall  be  entered  into  for  the  ninmifnctun 
of  any  given  number  of  articles  it  shall  be  the  duty  ot  th 
party  of  the  first  part  carefully  to  ostiniato  the  tvlion 
amount  of  moneys  that  will  be  required  to  fulfil  such  con 
tracts  if  made,  and  the  length  of  time  that  will  be  requite! 

497  to  produce  the  articles  wanted,  and  such  estimate  shall  h 
submitted  to  the  parly  of  tho  second  part  in  order  to  nscec 
tain  if  the  linanoial  condition  of  tho  firm  is  such  as  to  justifj 
the  outlay,  nnd  whether  when  making  tho  contract 
not  bo  provided  in  such  contract  for  advances  to  be  malt) 
by  tho  parties  for  whom  tho  work  is  to  bo  done,  in  propor¬ 
tions  as  tho  work  progresses,  nnd  before  completion. 

Tenth. — Full  accounts  shall  be  kept  of  all  business  clone 
by  the  firm,  nnd  all  transactions  of  purchase,  manufacture 
sales,  receipts  nnd  payments  shall  bu  clearly  and  fully  re 

498  corded,  together  with  a  detailed  account  of  all  expenses i 
whatever  character  incurred,  nnd  the  books  nnd  account! 

^ _  .  shall  at  all  times  bo  open  to  the  inspection  ot  j 

J5  “J  either  partner. 

|s  r,{  Eleventh. — Each  partner  shall  give  a 

o  «  account  of  all  moneys,  property,  matter 

things  that  may  como  into  his  hands,  or  to  his  knowledge 
belonging  to  or  concerning,  or  in  any  wise  all'eeting  said 
partnership  or  said  business. 

Twelfth.— It  is  further  stipulated,  agreed  nnd  understood 

499  that  thu  manufacture  of  all  machinery,  instruments,  toon 
and  otlior  articles  other  than  so  much  as  may  he  necessary 
to  develop  inventions  and  improvements,  and  make  experi¬ 
ments  arising  out  of  or  from  any  inventions  and  improve 
ments  heretofore  made,  or  that  may  hereafter  be  made,  bj 
the  party  of  the  first  part,  or  orders  for  machinery  and  it- 
struments  or  any  part  thereof  that  may  be  obtained  bj 
either  of  tho  parties  hereto,  shall  bo  manufactured,  inn  < 
and  filled  at  once  from  the  manufactory,  to  he  s 
ated  or  established  under  this  copartnership,  and  at  uo  other) 


place,  shop  or  manufactory  without  tho  consent  of  all  the  500 
parties  to  this  indenture. 

Thirteenth. — It  is  further  stipulated  nnd  agreed  that  tho 
party  of  the  second  part  may,  at  his  own  option,  admit  a 
third  party  into  tho  firm  upon  terms  of  equality  with  him 
and  with  tho  party  of  tho  first  part,  that  is  to  say,  to  an  equal 
third  part  or  interest  in  all  the  inventions,  stock,  machinery, 
tools  and  all  other  property  of  tho  firm  and  in  the  business 
,-ith  one  third  share  of  tho  profits  nnd  losses  arising  there¬ 
from  and  one  third  benefit,  and  an  assumption  of  one  third 
of  nil  tho  liabilities  of  tho  firm.  Provided  that  by  tho  ad-  601 
mission  of  such  third  party  the  interest  of  said  party  of  tho 
first  part  in  tho  property  and  business  of  tho  firm  shall  not 
ho  lessoned  thereby,  nor  tho  stipulations  nnd  agreements 
nnd  provisions  of  this  indenture  changed  or  modified,  ex¬ 
cept  in  so  far  as  must  necessarily  follow  tho  admission  of  a 
third  partner,  upon  an  equnl  footing  in  interest,  nnd  in  all 
other  respects  with  all  tho  rights  nnd  privileges  nnd  subject 
to  all  the  restrictions  to  bo  enjoyed,  or  ns  imposed  upon  tho 
pnrtics  to  this  identuro. 

♦r - Fourteenth. — This  partnership  shall  continue  502 

j  |  for  a  period  or  term  of  fivo  yenrs  from  tho 

first  day  of  Ootobor.  eighteen  hundred  and 
seventy,  unless  sooner  dissolved  by  mutual  consent  of  all 
the  parties. 

Fifteenth.— AX  tho  expiration  of  the  partnership  or  on  its 
final  dissolution,  tho  property  nnd  nssots,  after  pitying  all 
liabilities  of  tho  firm  legitimately  created  in  tho  course  of 
tho  business,  shall  bo  divided  among'  tho  respective  partners 
according  to  tho  respective  interests,  nnd  in  case  any  one  of 
the  pnrlnors  shall  die  before  tho  expiration  of  tho  partner-  60S 
ship,  tho  surviving  partner  or  partners,  if  there  shall  bo 
more  than  one,  shall  account  for,  nnd  pay  over  to  tho  ex¬ 
ecutors.  administrators  or  other  legal  representatives  of  such 
deceased  partner  lus  proportion  of  tho  moneys  nnd  of  tlio 
proceeds  of  all  property  and  assets  owned  by  said  partner¬ 
ship  or  firm. 

Sixteenth. — The  provisions  of  this  indenture  may  bo 
nltored  or  modified  front  timo  to  time  upon  tho  agreement 
nnd  written  consont  of  all  parties. 


129 


601  In  witness  whereof,  the  said  Thomas  A.  Edison  and  the  I 
said  George  Harrington  have  horonnto  set  their  hands,  and  I 
affixed  their  seals  in  tho  City  of  Now  York,  on  tho  day  and  I 
date  above  written.  * 

GEOUGE  HARRINGTON,  [seal.] 

In  presence  of,  THOMAS  A.  EDISON.  [seal.] 


005  City ,  County  and  Stale  of  New  York,  ss. 

On  this  81st  day  of  Docomhor,  1870,  boforo  mo  poison- 
ally  appeared  George  Harrington  and  Thomas  A.  Edison, 
both  to  mo  personally  known,  and  known  by  mo  to  bo  tho 
individuals  described  in  and  who  executed  tho  within  in¬ 
strument,  and  they  severally  acknowledged  to  mo  that  they 
executed  tho  same. 

CHARLES  H.  KITCHEL, 

Notary  Public  in  and  fir 
New  York  City  and  County. 


Defendant's  Exhibit  39.— May  10, 1877. 

n„  ,  „  Lemuel  TV.  Seimell’s  ) 

Utliees  for  Procuring  American  nnd  Foreign  Patents,  [■ 
119  &  121  Nassau  Street.  ) 

P.  O.  Box  1089. 

„„  New  York,  187 

007  Mr.  Seriiell, 

Pear  Sir;  If  you  can  find  it  convenient  this  evening  wtl 
you  please  luok  over  tho  Harrington  &  Edison  contract  nui 
see  if  it  docs  not  cover  the  Duplex  and  Quadruple.  I  alsi 
leave  tho  power  of  attorney  nnd  will  call  Monday  to  sci 
you. 

Respectfully, 

GEO.  HARRINGTON, 

Por  O.  B.  Harrington, 


..114,667,  Relay  for  Telographs. 

, .  .121,601,  Perforator  for  papor. . 
!.  .123,984,  Telegraph  apparal 


..133,84 


..132,456,  Perforator . 

..132,465,  Chemical  papor . 

..133,019,  Printing  machine . 

, .  .128,600,  Printing  Telegraph. . . . 
, .  .128,131,  Magnetic  Tolcgroph... 

, .  .128,607,  Printing  Tolegraph. . . . 
. .  .128,604,  Printing  Telegraph. . . . 
. . .  1 28,606,  Printing  Telegraph . . . . 

2.  .131,334,  Circuit  Director. . 

13.134,807,  Chemical  Telegraph... 
.134,868,  Mngnotic  Adjustor. . . . 

2.  .130,795,  Electro-Magnot . 

2.  .131,342,  Priuting Tologruph. . . . 


31,343, 


..Gold  4  8.  Tol.  Co 
.[Gold  4  8.  Tol.  Co 


May  13,  1873..  138, 869,  ••  «  .  “ 

Jan’y  14,  1873.134,866,  Telograph  Instruments .  CO 

Sop.  17,  1872..  131, 340,  Printing  Telegraph  Insts....Gold  4  8.  ToL  Co.  62 
“  11.  “  ..131,336,  «  “  "  ....  “  “  “  W 

Sep.  17,  1872..  131,336,  Printing  Telegraph  Inst.... Gold  4  S.Tol.  Co.  64 
July  1,  1873...  140, 487,  •»  «  “  ...  “  “  "  « 

May  20,  "  ..139,129,  ••  «  “  “  6G 

July  l,  »  ..140,489,  "  “  M  . . . 

May  20,  ”  ..139,129,  »  "  “  "  c9 

Sep.  23,  1873.  .142,999,  Galvanic  Battory. .  63 


Jnn’y  27,  1874.146,812,  Tolegraphic  Alarm  4 Signals. 

Aug.  12,  1873.. 121, 776,  Telegraph  Circuits . Sol 

May  12, 1874..  160, 848,  •»  "  . dc 

Aug.  12, 1873..  141,773,  Circuits  Chemical  TsPg . dc 

July  1,  1873...  140, 188,  Printing Tolcgropl . Go 

Bopr,  0,  1873...  142,688,  Telegraph  Transmitting  lusts.  1 


Defendant's  Exhibit  41.— May  22, 1877. 

ANNUAL  REPORT 

president 


i,  October  14th,  187 A- 


184 


622  ANNUAL  REPORT 


TO  THE  STOCKHOLDERS, 


523  To  the  Stockholders  of  the  Weatem  Union  Telegraph  Company, 

In  pursuance  of  a  requirement  of  the  Hy-Laws  of  tin 
company,  and  of  instructions  of  the  Executive  Committee, 
I  submit  tlio  following  Report  of  tho  operations  of  the  com¬ 
pany  for  the  fiscal  year  ended  Juno  80, 1874: 

The  capital  stock  of  tbo  company  is  $41,078,410,  of 
which  the  company  owns,  and  now  lias  in  its  treasury, 
$7,287,785,  leaving  the  capital  outstanding,  $33,785,076. 

Tho  bonded  debt  is  $5,946,010.  Of  this  sum,  $1,448,900 
is  in  seven  per  cent,  currency  bonds,  which  will  mature  No- 

524  vombor  1,  1875 ;  and  $1,498,000  in  seven  percent. gold 
bonds,  duo  in  1902.  The  bonded  dobt  was  reduced  during 
the  year  by  the  redemption  of  bonds  of  the  American  Tele¬ 
graph  Company,  which  matured  Oetobor  1,  1873,  amount¬ 
ing  to  $39,500,  and  by  the  purchnsu  for  the  Sinking  Tumi 
of  $2,000  of  the  bonds  of  1802. 

The  company  has  no  floating  debt. 

The  receipts  for  the  year  from  all  sources  were  $9,262,- 
653.98,  and  tho  expenses  $6,765,788.88.  Tho  difference, 
$2,506,920.15,  is  tho  net  profit. 

525  There  hnvo  been  added  to  tho  property  of  tho  company 
during  the  year,  by  construction,  purchase  and  lease,  6,828 
miles  of  poles  and  21,264  miles  of  wire,  being  equal  to 
about  eight  per  cent,  of  lino  and  twelve  per  cent  of  wire! 
and  -143  more  offices  were  in  operation  at  tho  close  of  the 
year  than  at  tho  beginning.  The  company  operated  at  the 
close  of  the  year,  71,585  miles  of  line,  175,136  miles  of 
wire,  and  6,188  offices. 


Tho  $2,606,920.15  profits  of  the  year  have  been  applied  6 
ns  follows : 

In  loros  t  on  Honda.  ..^ . . . .  $315,138  83 


American  Telegraph  Co.'s  Honda  redeemed  Oct.  1,  18 

uf  tho  lonti  of 

Dividend  of  two  per  font.,  payubio  July  15,  187-1 . 

$2,012,0-16  68 

Tho  balance .  $403,073  47  527 

lms  been  carried  to  tbo  credit  of  Income  Account,  and  is 
included  in  the  following  exhibit  of  tho  application  of  tbo 
company’s 

PROFITS  roil  EIGHT  YEARS. 

Tho  surplus  of  Incomo  Account,  July  1,  1866,  was. .  $275,357  24 

Tho  not  pro  Ilia  for  eight  years,  from  July  1,  I860,  to  Juno 

30,  1874,  worn .  22,830,538  06 


Making  mi  aggregate  Juno  30,  1874,  of . $23,104,806  20 

Of  tliid  sum  there  has  been 

Distributed  ludjvidonda  to  stockholders  (Including  dividomi  ^  ^  ^  , 


Tho  balance . $16,010,740  05 

is  represented  ns  follows: 

Construction  of  now  lines,  erection  of  additional  wires,  pur- 
Purchase  of  telegraph  lines  and  of  the  stock  of  companies 

- ... .  ....  ....  western  Union  Company  on  which  In* 

. . . . j  nro  paid  na  rental .  1,301,085  -15 

Western  Union  mock  (72.877  shares) .  4,054,483  07 

Gold  and  Stock  Telegraph  Company’s  stock  (47,710  shares)..  1,173,500  00 
International  Ocean  Telegraph  Company*  stock  (10,384  shares)  961,656  42 

Anglo-American  Telegraph  Company’s  stock  (£1,308) .  10,000  00  529 

Central  District  and  Printing  Telegraph  Companies'  stock 

(Pittsburgh),  200  shares .  10,000  00 

Western  Electric  Manufacturing  Company's  stock  (500  shares)  39,000  00 

Western  Union  Honda — redeemed  nud  cancelled .  1,072,315  00 

. . **  “  it  Mortgngo  Bonds 


$1,600,000).., 


1SS 


187 


580  represented  ns  follows: 


$158,651  49 


PACIFIC  AND  ATLANTIC  TELEGItAPII  COMPANY. 

In  my  Inst  Annual  Report  it  was  stated  that  wo  had  ac¬ 
quired  n  majority  of  tho  stock  of  the  Pnoific  and  Atlantic 
ggi  'Holograph  Company,  and  that  negotiations  were  thou  pend¬ 
ing  for  a  loaso  of  its  lines  to  tho  'Wostorn  Union  Company. 
The  negotiations  wore  concluded  in  Dccotnher  Inst,  and  on 
tho  first  of  January  tho  lines  and  property  of  that  company 
woro  turned  ovor  to  us  on  a  lease  for  09  years,  at  an  annual 
rental  equal  to  four  poroont.  on  the  capital  slock  of  $2,009,- 
000,  the  rout  to  bo  applied  first  to  the  payment  of  tho  debts 
of  tlic  P.  &  A.  Co.,  and  thereafter  to  be  distributed  pro  rata 
among  tho  shareholders.  Of  tho  capital  of  $2,000,000  the 
Western  Union  Company  own  $1,415,950.  The  entire  roll- 
582  tal  for  tho  year  1874  will  bo  required  to  pay  tho  debts  of 
tho  P.  &  A.  Co.  It  is  probnblo,  however,  thnt  thereafter 
the  rental  can  bo  distributed  among  tbo  stockholders. 

THE  INTERNATIONAL  OCEAN  TELEGRAPH  COMPANY. 

Tho  operations  of  this  company  during  tho  past  year  lmvo 
been  very  satisfactory,  nnd  give  promise  of  still  better  re¬ 
sults  in  future.  As  I  writo,  howevor,  communication  by 
oable  betweon  Punta  llnssa  and  Koy  Wost  is  interrupted  j 
but  tho  necessary  stops  havo  nlrondy  boon  taken  to  repair 
538  the  cnblc,  nnd  it  is  expected  this  will  be  accomplished  in 
a  short  time.  Tho  new  eablo  between  Key  West  and 
Havana,  successfully  lnid  tbo  year  before,  has  boon  paid  for, 
and  tho  entire  floating  debt  of  tho  company  disoharged 
out  of  Inst  year’s  earnings.  Tliero  are  now  two  good  cables 
betweon  those  points.  Unless  it  shall  bo  found  necessary, 
in  order  to  insure  permanent  communication  between  tbo 
United  States  nnd  the  West  Indies  and  South  America,  to 


lay  an  additional  cable  between  Punta  Bnssa  nnd  Key  634 
West,  it  is  probable  that  payment  of  dividends  to  tho 
stockholders  of  tho  I.  O.  T.  Company  will  bo  resumed 
within  a  year.  This  property  is  destined  to  increase  largely 
in  value  in  tho  near  future. 


THli  GOLD  AND  STOCK  TELUGKAPH  COMPANY,  cso 
Of  the  $2,600,000  capital  of  this  company,  tho  Western 
Union  Company  owns  $1,192,760..  Its  gross  receipts  for 
the  liseal  year  ended  September  18, 1874,  woro  $581,000 
and  the  operating  expenses  $419,000,  leaving  $102,000  ns 
the  net  profit,  all  of  which  wns  expouded  in  tho  extension 
of  its  lines  nnd  the  provision  of  new  apparatus,  of  which  a 
large  quantity  was  required  in  view  of  tho  extremely  low 
rate  fixed  for  tho  rental  of  Stock  Reporting  instruments  to 
meet  the  competition  of  the  Manhattan  Quotation  Company, 

The  Gold  nnd  Stock  Company  has  expended  out  of  its  537 
net  earnings  during  tho  last  four  years  over  $700,000  for 
new  lines,  machinery  and  apparatus. 

MONEY  TRANSFER  SERVICE. 

The  operations  of  tho  Department  of  Telegraphic  Money 
Orders,  which  has  been  established  less  than  three  years, 
are  highly  satisfactory.  During  the  last  year  it  transferred 
—that  is,  received  at  one  office  and  paid  out  at  another— 

18* 


588  about  $2,000,000,  for  which  servioo  tho  company  received 
a  rovcnuo  of  $80,820.88.  Of  this  sum  about  $20,000  was 
for  premiums,  and  tho  balanco  for  toils  on  tho  messages  re- 
quirod  in  making  tho  transfers.  Tho  revenue  from  this 
source  during  tho  preooding  year  was  about  $57,000,  and 
tho  increase  during  tho  pnst  year  hns  boon  about  forty  nor 
cent.  Tho  inoreaso  in  tho  number  of  transfers,  however 
was  about  sixty  por  cent.,  attended  by  a  reduction  of  the 
avorago  amount  transferred  in  each  ease  from  $81.81  tho 
preceding  year  to  $01.88  during  tho  past  year.  '  This  re- 
530  duction  and  increase  indicates  tho  growing  popularity  of 
tho  service.  The  receipt  in  small  sums,  at  a  largo  number 
of  offices,  of  an  aggregate  of  $2,000,000,  and  tho  payment 
of  this  amount  at  other  offices,  involving  tho  handling  of 
$4,000,000,  hns  boon  attended  by  an  aggregate  loss  to  the 
company  during  th  o  year,  from  errors  and  defalcations,  of 
only  $110.  During  tho  same  time  a  larger  sum  has  accu¬ 
mulated  in  tho  treasury  of  the  company  from  cases  where  it 
was  impossible  to  find  citlior  the  transferee  or  the  person 
making  the  deposit  for  transfer.  This  branch  of  the  servico 
ilO  is  under  the  immediate  charge  of  Vice-President  Mumford, 
who  prepared  the  rules  and  regulations  for  the  conduct  of 
the  business.  In  view  of  the  success  which  has  attended 
their  operations,  this  specific  acknowledgment  seems  to  ho 
duo  to  him. 


tt  tho  close  of  tho  fiscal  year,  June  80, 1874,  tho  account 
1  tho  new  building  presented  the  following  exhibit: 


Of  this  sum  $1,600,000  is  represented  by  tho  bonds  of 
the  oompnny  due  in  1002,  and  tho  balance,  $281,284.81,  has 


M 


been  paid  out  of  tho  current  earnings.  To  tho  lnttor  may  642 
now  ho  added  tho  further  sum  of  $168,080.08,  paid  during 
the  quarter  onded  Soptombcr  80th,  making  a  total  of  $484,. 
816.70,  for  wbioh  the  Building  Account  is  indobtod  to  In- 
como  Account. 

Tho  work  on  tho  building  was  greatly  dolnyod  during 
last  fall  and  winter  by  tho  fniluro  of  tho  contractors  to  sup¬ 
ply  the  granite  at  tho  rate  agreed  upon,  and  Inter,  by  delay 
in  the  delivery  of  other  materials.  'The  work  is  now  pro¬ 
gressing  rapidly,  and  it  is  expected  the  portion  to  bo  occu¬ 
pied  by  the  company  will  be  ready  by  Christmas.  543 

GENERAL  REVIEW. 

A  comparison  of  tho  results  of  the  company's  operations 
during  tho  Inst  fiscal  year,  and  the  one  preceding,  shows  a 
reduction  of  $70,864.63  in  gross  receipts,  and  of  $261,042.64 
in  tho  net  profits. 

This  diminution  of  receipts  and  profits  resulted  from  two 
causes:  first,  the  reduction  of  rates,  which  took  cfi'cct  July 
1, 1878,  pursuant  to  plans  formed  and  instructions  issued  644 
six  months  before  ;  and  second,  to  tho  financial  panic  of 
September,  1878,  and  the  general  stagnation  in  every  de¬ 
partment  of  business  which  immediately  followed,  and  from 
which  there  has  been  but  a  partial  recovery. 

Commencing  with  July,  1878,  the  profits,  as  compared 
with  the  corresponding  months  of  the  preceding  year,  were 
loss  each  mouth  up  to  and  including  February,  1874,  at 
which  lime  the  aggregate  falling  oil'  for  the  eight  months 
of  the  fiscal  year  was  $580,684.00. 

For  March  the  profits  were  in  oxcess  of  March,  1873,  and  545 
at  the  end  of  June  the  inoreaso  over  tho  corresponding  four 
months  of  last  year  amounted  to  $338,621.66,  leaving  a 
deficiency  of  $261,042.54,  ns  stated  above. 

Although  this  report  is  for  the  year  ended  June  80th  last, 
it  seems  proper  to  add,  in  this  connection,  that  tho  profits 
for  tlie  first  quarter  of  tho  current  year,  which  ended  Sep¬ 
tember  80th,  show  an  increase  over  tho  corresponding 
months  of  last  year  of  more  than  $800,000. 

The  fiscal  year  is  from  July  to  June,  both  inclusive.  A 


SeptcHbor  SOU,  nro  i»  excess  of  the  12  months  ofl  2 
ho  excess  during  the  7  months  ended  September  m 
being  $040,484.73  over  the  corresponding  7  months  or  1878 
—an  avurago  inoreaso  of  nearly  $100,000  n  month 

JusSITS  1  •' OSSftSOS.tra"SmiU°d  (,uri"8  the  Inst  year 
ivas  10,8-9, 2o0,  being  an  inoreaso  of  1,872,424  (about  13 
,c‘  co"t0  ovur  ilio  preceding  year.  Deducting  from  the 
jross  receipts  moneys  received  from  other  sources  than  for 
lie  transmission  of  messages,  and  dividing  the  remainder 
>y  tho  number  of  messages,  it  appears  that  the  average  re- 
IC,Pt  fo1'  oatih  lncs3age  was  about  55  cents.  As  the  charge 
ier  message  is  for  a  minimum  of  10  words,  the  average 
ncssago  must  contain  more  than  10  words ;  so  that  the 
verngo  receipt  per  message  is  necessarily  greater  than  the 
nrill  fixed  for  a  10  word  message.  A  uniform  tariff  of  50 
cuts  per  message  of  10  words  between  all  stations  on  Ilio 

ompnny’s  lines,  without  regard  to  distance,  applied  to  the 

icssages  transmitted  during  the  last  year,  would  liavo 
leldcd  a  revenue  somewhat  in  excess  of  the  actual  receipts. 
I  he  rates  now  charged  on  the  lines  of  the  Western  Union 
empany  are  but  little  above  the  average  European  rates. 
Dusidonng  the  vast  difference  in  the  density  of  population, 
id  the  greater  distances  over  which  messages  are  rent  in 
is  country,  and  the  cost  of  maintaining  a  greater  length 
lino  through  sparsely  settled  sections,  to  reach  the  same 
"“her  of  people,  and  the  higher  cost  of  labor,  and  of  all 
Uerial  employed  in  telegraphic  operations,  the  service  in 
is  country  is  relatively  much  cheaper  than  tiie  average 
Europe. 

DUPLEX  AND  QUADRUPLEX  TELEGRAPHY. 

I’lie  Duplex  apparatus  of  Mr.  J.  B.  Stearns,  by  means  of 
loli  two  messages  are  transmitted  in  opposite  directions 
on  one  wire  at  _tho  same  time,  lias  fully  sustained  the 
1110,1  ol  its  uti%  and  value  which  I  expressed  in  my 
t  Annual  Deport.  It  has  been  put  in  operation  during  the 
t  year  upon  a  number  of  additional  circuits,  and  is  now 
rking  successfully  between  all  tho  principal  cities.  Its 


latest  application  was  upon  the  linos  to  tho  Pacific  const, 
nnd  it  is  now  in  uso  betwcon  Port  Hustings,  on  the  island  of 
Capo  Breton,  wlioro  our  linos  connect  witli  tho  oable  wires 
and  San  Francisco— a  distance  of  nearly  5,000  miles. 

But  tho  past  year  has  produced  an  mvontion  tnoro  won- 
ilorfnl  than  the  Duplox.  Mr.  Thomas  A.  Edison  and  Mr. 
George  II.  Prescott,  the  electrician  of  tho  company,  liavo 
discovered  processes  and  invonted  apparatus  by  means  of 
which  two  messages  uau  bo  sent  in  the  same  direction,  nnd 
tiro  other  messages  in  thcopposito  direction,  simultaneously 
upon  one  and  the  same  wire.  This  invention,  which  they 
have  christened  the  Quadruplex,  lias  been  in  successful 
operation  betwcon  our  Now  York  nnd  Boston  offices  for  tho 
Inst  two  weeks,  nnd  it  is  satisfactorily  performing  an  amount 
of  work  upon  one  wiro  quite  equal  to  the  capacity  of  four 
wires  worked  with  tho  ordinary  Morse  apparatus. 

The  inventors  claim  that  the  Quadruplex  may  be  used 
cither  as  1  wiro,  as  2  wires,  3  wires  or  4  wires,  as  tho 
pressure  of  business  may  require:  thatwhon  it  is  worked  ns 
2  wires  intermediate  siations  may  be  inserted,  nnd  may  send 
and  receivo  as  with  two  separate  wires  in  tho  ordinary  way. 

I  have  given  much  personal  attention  to  the  development 
of  this  invention,  in  tho  belief  that  if  it  could  bo  utilized  to 
tho  extent  claimed  by  its  inventors,  it  would  solvo  satisfac¬ 
torily  the  most  difficult  problem  which  has  ever  been  pre¬ 
sented  to  tho  managers  of  telegraph  companies,  and  that  is : 
How  to  provide  for  the  rapidly  increasing  volume  of  business 
without  an  annual  expenditure  for  the  erection  of  additional 
lines  and  wires  that  would  prevent  the  payment  of  reason¬ 
able  dividends  to  stockholders.  So  much  has  been  accom¬ 
plished  already  nnd  in  so  short  n  time  that  it  seems  more 
likely  that  these  predictions  will  bo  fully  realized  than  that 
tho  fulfilment  will  fall  materially  below  tho  promise. 

In  my  last  Annual  Report  I  made  tho  following  state¬ 
ment  concerning  the  Duplex  apparatus: 

“  We  are  now  operating  more  than  160,000  miles  of  wiro 
"and  tho  pnst  two  years  have  been  extending  at  the  rate  of 
"  nearly  20,000  rnilo3  of  wiro  per  annum.  Tho  Duplex  ap- 
"  paratus  is  capablo  of  doubling  tho  capacity  of  these  wires 


“at  a  comparatively  small  cost.  Tho  valuo  of  this  increase 
“or  facilities  can  bo  approximately  ascertained  by  ostimat- 
“ing  tho  savings  in  the  investment  for  wire,  and  the  anmi. 
“al  saving  in  repairs  and  maintenance  of  additional  wires. 
“But  die  great  value  of  the  Duplex  does  not  consist  in  tlio 
“  saving  in  the  investment  in  wires,  and  the  cost  or  repairs 
“and  maintenance,  but  in  its  ability  to  double  tho  capacity 
“of  a  wire  when  wo  linvu  but  one,  and  when  no  amount  of 
"  money  previously  invested  in  wires,  or  oven  possible  to  bo 
“  expended  in  repairs,  can  provide  another." 

These  remarks  will  apply  with  oven  greater  force  in  tlw 
Quadruplox,  if  it  shall  prove  capable  of  working  through 
tliu  same  distances,  and  under  like  conditions  as  tho  Duplex. 
It  is  not  easy  to  estimate  tho  valuo  of  an  invention  which 
enables  any  and  every  wire  between  ail  the  principal  cities 
in  tho  country,  and  between  tho  Atlantic  and  Pacific  coasts, 
to  be  madooqiial  to  two,  in  a  minute  by  merely  turning  a 
button ;  but  it  is  very  ovidont  Hint  tho  ability  to  practically 
convert  one  wire  citlior  into  2,  8  or -1,  as  tho  convenience 
or  necessities  of  the  business  may  require,  is  still  moro  vain- 

Tho  Quadruplox,  like  tho  Duplex,  is  partially  substituted 
for,  and  worked  in  connection  with  tho  Morsu  apparatus, 
No  change  in  the  ordinary  operating  force,  nor  any  pre¬ 
vious  preparation  ofinossagosis  required,  ns  with  tho  auto¬ 
matic  system,  so  that  a  continuance  of  the  same  simplicity 
and  economy  of  manipulation  and  promptness  of  service 
which  have  characterized  the  Western  Union  Company's 
system  of  telegraphy  is  assured.  All  tho  essential  patents 
for  tho  Duplex  are  owned  by  this  company.  Negotiations 
for  the  purchase  ortho  patents  of  the  Quadruplox  are  pend¬ 
ing,  but  the  terms  will  not  bo  settled  until  after  tho  charac¬ 
ter  and  extent  of  its  eapneity  for  work  lmvo  been  more  fully 
ascertained. 

“  FAST"  TELEGIIAITIY. 

This  is  tho  fhvorito  designation  given  by  its  frionds  to 
what  is  bettor  known  ns  tho  Automatic  system.  Why  it 
should  be  called  “fast"— in  view  of  tho  fact  that,  before  a 


been  able  to  comprehend. 

In  this  review  of  telegraphic  operations  during  tho 
year,  it  is  only  necossary  to  say  concerning  “fast"  I 
grnpliy,  that  tho  progress  of  ilsdcvelopmont  line  boon  exc 
iiiglyslow.  Tho  latest  attempt  to  utilize  it  in  this  com 
was  made  in  1809,  on  a  line  or  one  wire  between  Now  \ 
and  Washington,  and  now,  at  tho  end  of  live  yem 
stands  about  where  it  began. 

Although  tho  evidence  which  I  have  accumulated  is 
sufficient  to  convinco  me  that  Automatic  telegraphy 
scssos  any  valuo  to  tho  Western  Union  Company,  in  t 
of  its  control  of  the  duplex,  and  of  the  probnblo  utilize 
of  the  Quadruplox,  yet  I  lmvo  not  failed  to  givo  careful  at 
tion  to  tho  subject,  and  whonovor  it  shall  bo  demonstr; 
that  any  system  of  automatic  tologrnphy  can  beadvant 
filtsly  used  on  our  linos  it  will  be  promptly  in  trod  u 
The  claim  that  anything  essential  to  the  successful  op 
tion  of  automatic  telegraphy — whethor  by  tho  clioin 
paper  plan  of  Bain,  or  tho  later  ouo  of  Wheatstone 
covered  by  controlling  patents,  is  without  foundation. 

HEBUMl'TION  OF  DIVIDENDS. 

My  last  annual  report  concluded  as  follows: 

»  With  the  increase  of  wires  already  provided  and  no 
“  progress,  the  capacity  or  which  tho  duplex  apparatus 
“  be  able  to  double  at  small  cost,  it  is  believed  that  tho 
“  stnutly  ineroasing  volume  of  business,  tho  growtl 
"  which  will  bo  stimulated  by  tho  present  low  and  uiiil 
“  rates,  can  bo  successfully  handled  with  a  less  annua 
»  vestment  in  new  construction  than  has  heretofore  1 
“  necessary  ;  so  that,  with  competition  cheeked,  and  in 
“  cess  of  being  extinguished,  tho  percentage  of  oxpc 
“  may  bo  reduced,  and  the  paticnco  of  tho  stockholder: 
“  warded  at  an  early  day  by  tho  resumption  of  regular  < 
“  donds." 

This  prediction  has  already  been  verified.  At  tho  si 
annual  meeting  of  tho  directors,  held  on  tho  8(1  day  of  J 


562  profils  for  tlio  quarter  ending  Juno  80lli,  was  declared.  Tho 
profit'!  for  tlmt  qmirtor  wore  $762,020.44,  Oil  the  24  day 
of  September  nnothor  dividend,  for  tho  quarter  ending  Sep¬ 
tember  80th,  was  declared.  Tho  profits  of  tho  second  quar¬ 
ter  wore  $S82, 008.85.  Tho  excess  of  profits  tor  the  two 
quarters  over  tho  amount  required  to  pay  the  two  dividends 
is  $248,875. 

It  is  tho  intention  of  tho  directors  to  continue  the  policy 
inaugurated  at  the  Juno  mooting,  and  to  divide  the  net 
profits  quarterly  hereafter,  and  to  provide  otherwise  for  the 

563  payment  of  such  property  as  it  may  be  deemed  advisable  to 
acquire. 

Eospectfuliy  submitted, 

WILLIAM  OHTON, 

President. 


DcfciHlunt’s  Exhibit  42 _ May  23,  1877. 

WESTERN  UNION-  TELEGRAPH  COMPANY,  LAW  DEPARTMENT. 
51,4  [  1>0BTERi  LOWIIEV,  SOKKN  &  STONE, 

a.oitoik  ihxus.  )  No.  8  Brood  Street  (Droxel  Building), 

p.o.norisM.  New  York,  February  Or//,  1875. 

Thomas  A.  Edison. 

Fir:  Your  letter  addressed  to  Hon.  William  Orion,  Presi¬ 
dent  ol  tho  Western  Union  Telegraph  Company,  lias  been 
handed  to  us  by  him,  with  instructions  to  say  to  you  that, 
although  the  date  and  address  at  the  top  of  tho  letter  (in  a 
)G5  handwriting  different  from  either  the  body  or  signature  of 
tho  letter)  is  "Wash.,  D.  C.,  Jan.  26,  '76,"  the  letter  was  not 
received  until  this  day,  nml  thnt  the  onvelope,  on  its  re¬ 
ceipt,  bore  tiie  New  York  Post  Office  stamp  ns  of  “  Febru¬ 
ary  9th,  6  A,  M." 

We  arc  instructed  to  say  that  tho  company  are  willing 
to  accept  tho  title  which  you  nnd  Mr.  Prescott  undertook 
and  are  ablo  to  give  them,  nnd  will  tnko  all  risks  of  any 
other  titlo  being  established  against  them  or  you  by  Mr- 


145 

Harrington  in  respeot  to  tho  inventions  cc 
negotiations,  nnd,  ns  they  are  advised  and  b 
nnd  Mr.  Prescott's  binding  agreement  with  tl 
inventions  or  patents  thereon,  described  in  ; 
with  Mr.  Prescott,  dated  Aug.  10th,  1874. 

Wo  are  authorized  and  instructed  to  say 
ern  Union  Telegraph  Company  will  indemni 
oiler  to  indemnify  and  defend  you  against  ai 
Mr.  George  Harrington  may,  by  virtue  of 
between  you  and  himself  prior  to  tho  dot- 
agreement  with  Mr.  Prescott,  make  for  an  jut 
ents  or  inventions  above  mentioned,  or  for  d: 
as  against  all  cost  and  expense  of  your  delei 
now  call  upon  you  for  prompt  action,  in  goi 
tain  the  issue  of  patents  upon  those  inventic 
and  Mr.  Prescott  jointly,  nnd  the  transfer  ti 
upon  the  terms  proposed  bv  you  and  accepted 
letter  of  Jan.  19th,  1875,  as  follows: 

“J.i 

"  Thomas  A.  Edison,  Esq.,  nnd 
"George  B.  Prescott,  Esq. 

" Gentlemen :  lleferring  to  the  negotiation: 
“ments  heretofore  made  between  you  and 
"Union  Telegraph  Company  for  the  sale  ni 
“  that  company  of  all  your  patents  relating 
“  and  quadruples  telegraphy,  subject  10  dell 
“  ment  of  compensation  to  bo  paid,  and  esp 
“  two  oilers  in  writing  made  by  you  on  or  a 
"day  of  December  last,  as  follows: 

-“'1st.  We  will  take  twenty-five  thousai 
11  twenty-five  thousand  in  six  months  for  all 
“royalty  on  quadruplex  of  $166  per  year  ft 
"created.1 

“  ‘2nd.  We  will  tnko  twenty-five  thousand 
11  patents,  and  a  royalty  of  $233  per  year  ft 
“  created.’ 

“  I  hereby  notify  you,  on  behalf  of  the  \\ 
"  Telegraph  Company,  that  tho  proposition 


140 


670  “  tion  above  quoted,  and  by  you  marked  ‘  2,’  is  hereby  ac¬ 
cepted  as  made,  and  llio  company  is  ready  to  close  the 
“  business  at  your  earliest  convenience,  and  to  muke  all  the 
"  payments  called  for  upon  receiving  from  you  proper  as¬ 
signments  and  transfers  of  the  said  patents. 

“  Tory  respectfully, 

“WILLIAM  ORTON, 

"President." 

Wo  are  directed  by  Mr.  Orton  to  Ray,  in  respect  to  that 

671  portion  of  your  letter  in  which  you  say,  “  tho  claims  of  Mr. 

Oy-iX  Georgo  H  irrington  under  a  prior  contract  and  irrevocable 

power  of  attorney,  of  which  you  were  aware,”  that  ho,  Mr. 

1  Orton,  was  not  aware,  at  the  lime  of  such  negotiations,  nor 

.  until  since  the  writing  of  his  letter  to  you  above  quoted,  of 

tho  existence  of  any  contract  between  you  and  Mr.  Har¬ 
rington,  except  ns  he  may  havo  boon  by  law  chargeable 
with  knowledge  of  whatever  was  on  record  in  the  Patent 
v  (TpfinvT1*^?  Office ;  but  that,  on  the  contrary,  you,  on  one  or  moro  occa- 

Hu.4  iUYlCCudvty  sions,  stated  to  him  that,  although  you  had  had  some  rein- 

/  '  Jyvfcufl  •  ^  l‘ons  °7  °°ntraet  with  Mr.  Harrington,  they  related  entirely 

to  other  and  different  subjects,  nnd  had  no  relation  what¬ 
ever  to  the  inventions  concerning  which  tho  Western  Union 
Telegraph  Company  was  then  in  negotiation;  and  upon 
this,  as  a  statement  of  fact,  Mr.  Orton  relied  in  making  the 
expenditures  of  money  and  labor  which  were  made  at  your 
request. 

'•  An  cnrly  answer  to  this  letter  will  oblige 

lm  573  PORTER,  LOWREY,  SOREN  k  STONE, 

I Ja  Attorneys  for  the  Western  Union  Telegraph  Co. 

ifa  .  ®*' — We  call  your  attention  to  the  terms  of  the  injunc- 

A|S  l'on  'n. tl10  onsB  of  1,10  Westorn  Union  Telegraph  Company 

wff  f  •  ®3lsoni  an3  to  tho  fact  that  any  infringement  of  that  in¬ 
i'll  junction  by  selling,  licensing  or  otberivisc,  by  yourself  or 

lj§9  Goulll>  professing  to  act  ns  your  ntiornoy,  will  render 

y°a  personally  liable  for  punishment  for  contempt 
Kfg  Tory  respectfully,  yours, 

sm  P.,  L.,  S.  &  S. 


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QUADRUPLEX  CASE  VOLUME  73  -  CONTENTS 


Atlantic  and  Pacific  Telegraph  Company  v.  George  B.  Prescott.  Western 
Union  Telegraph  Company,  Lemuel  W.  Serrell  and  Thomas  A.  Edison. 
Superior  Court  of  the  City  of  New  York. 

1.  Findings.  June  3,  1878.  12  pages. 

2.  Statement  of  Facts  and  Requests  for  Findings  Submitted  on  Behalf 
of  Plaintiff,  with  annotations  by  Judge  Charles  F.  Sanford.  24 
pages. 

3.  Another  copy  of  the  above,  without  annotations.  Not  filmed. 

4.  General  Sketch  of  Plaintiff's  Argument.  13  pages. 

5.  Points  for  Plaintiff.  27  pages. 

6.  Argument  of  Everett  P.  Wheeler.  63  pages. 

7.  Brief  for  Plaintiff  by  John  H.B.  Latrobe.  44  pages. 

8.  Brief  for  Plaintiff  by  Benjamin  F.  Butler.  88  pages. 

9.  Brief  for  Plaintiff  by  Wyllys  Hodges.  27  pages. 

10.  Argument  of  Leonard  Myers,  of  Counsel  for  Plaintiff.  50  pages. 

11.  Brief  for  Plaintiff  by  R.W.  Russell.  146  pages. 

12.  Proposed  Findings  of  Defendant,  the  Western  Union  Telegraph 
Company.  12  pages. 

13.  Brief  Suggestions  of  Points.  9  pages. 

14.  Defendants'  Brief.  96  pages. 

15.  Argument  of  Grosvenor  P.  Lowrey.  100  pages. 

16.  Argument  of  E.N.  Dickerson.  93  pages. 

17.  Opinion.  Sanford,  J.  June  3,  1878.  47  pages. 


tern  Union  Telegraph  Company  are,  respectively,  corpora¬ 
tions  incorporated  under  the  laws  of  llio  State  of  New  York, 
for  the  purpose  o(  constructing  anil  operating  lines  of  tele- 
graph  within  the  United  States,  and  acquiring  such  prop¬ 
erty  ns  shall  be  necessary  or  proper  for  that  purpose,  and 
are  now  and  have,  for  many  years,  been  engaged  in  the  8 
business  of  operating  telegraph  lines  within  .the  United 
States. 

Second. — That,  in  the  month  of  February,  1878,  tko  de¬ 
fendant,  llio  Wcstorn  Union  Telegraph  Company  and 
Thomas  A.  Edison,  entered  into  an  agreement  togethor, 
whereby,  on  said  Edison's  part,  ho  agreed  to  proseouto  ex¬ 
periments  for  improvements  in  duplex  and  othor  modes 
of  multiple  transmission,  in  elcctro-mngnotio  telegraphy, 
aud  for  making  discoveries  of  now  methods  of  such 


4  transmission  for  the  exclusive  benefit  and  use  of  the 
defendant,  the  Western  Union  Telegraph  Company ; 
and  whereby  iho  defendant,  the  Western  Union  Tele¬ 
graph  Company,  on  its  part,  agreed  with  said  Edison  . 
to  furnish  facilities  and  material  for  the  prosecution  of  such 
experiments,  and  the  development  of  idl  discoveries  and 

'  inventions  which  should  result  therefrom ;  and  whereby 
both  parties  fin  liter  agreed,  that  all  of  Edison's  said  inven¬ 
tions  in  duplex  and  tpindruplex  telegraphy,  resulting  front 
such  experiments,  should,  upon  the  making  thereof,  bo  tho 

6  property  of  the  defendant,  the  Western  Union  Telegraph 
Company,  and  that  whatever  Letters  Patent  for  any  of  such 
inventions  Edison  should  be  entitled  to  receive,  ns  invuntor 
should  bo  applied  for  by  him,  and  be  transferred  by  him  to 
tho  defendant,  the  Western  Union  Telegraph  Company; 

a.ul  that  for  all  such  hive . ms  and  patents  he  should  re- 

receive  snub  price  as  should  be  just,  and  that  the  amount 
thereof  should  be  ascertained,  in  title  time,  cither  by  agree¬ 
ment  of  the  parties,  or,  ir  they  failed  to  agree,  by  arbitm- 

0  Third.  That,  in  pursuance  of  said  last  mentioned  agree¬ 
ment,  the  said  Edison  began  such  experiments  in  February, 
187S,  and  continued  the  same  until  the  month  of  June 
1874,  ami  the  defendant,  the  Western  Union  Telegraph 
Company,  tinring  the  same  time,  furnished  to  said  Edison, 
in  pursuance  ol  said  contract,  facilities  in  material  and  in 
tho  use  and  servieo  of  its  lines,  operators,  workshops, 
machinists,  and  other  employes,  ami  in  all  other  respects 
performed  said  eontnict  on  its  part. 

7  Fourth.  That  on  the  first  day  of  June,  1874,  tho  said 
Edison  entered  into  tin  agreement  with-  tho  defendant, 
George  B.  1  tvseott,  with  the  consent  of  tho  defendant,  the 
Western  Union  Telegraph  Company,  whereby  it  was  agreed 
tmtdtefitr, her  experiments  under  the  saiAgree.no, at 
tween  the  -  nd  Company  and  the  said  Edison,  should  bo 
prosecuted  by  the  said  Edison  and  Prescott  together;  and 

“"T  "IT,"  be  roccive<l  from  tllu  defendant, 
tho  Western  Union  lelcgrapli  Company,  for  tho  said  in- 


:f  ventions,  should  be  shared  by  them,  the  said  Edison  and  8 
I  Prescott  equally ;  and  the  defendant  the  Western  Union 
I  Telegraph  Company  thereupon  consented,  at  the  request  of 
i  t|,c  alid  Edison  and  Prescott,  to  deal  thereafter  with  the 
f  said  Edison  and  Prescott  jointly,  in  the  placo  and  stead  of 
1  the  said  K  alone,  in  reference  to  the  subject  of  the  , 

;  said  agreement  between  it  anil  the  said  Edison. 

‘  f,yjh _ q’liat  tho  said  agreement  mentioned  in  the  second 

}  finding!  as  modified  as  stated  in  the  fourth  finding,  contin- 
a  ued  in  force  up  to  the  Otli  day  of  February,  1875.  9 

I  Sixth. _ That  on  the  9th  day  of  July,  1874,  the  defendant 

|  Prescott,  and  the  said  Edison,  mado  and  executed  Iho  in- 
;j  striiincnt  in  writing  dated  that  day,  set  forth  in  defendants 
|  Exhibit  80. 

1  Seventh. — That  on  the  10th  day  of  August,  1874,  tho  do- 

j  fendant  Prescott,  and  iho  said  Edison,  made  and  executed 
tho  instrument  in  writing  dated  that  day,  sot  forth  in  Ex- 
I  hibit  F  annexed  to  tiie  complaint  in  substitution  for  the  1Q 
i  instrument  in  writing  mentioned  in  tho  sixth  finding  ns 
!  Defendant's  Exhibit,  30 ;  and  Hint  the  saino  was  filed  and 
recorded  in  the  United  Slates  Patent  Office  on  the  89th  day 
of  Augus.,  1874,  in  Liber  K,  page  02,  of  Transfers  of 
Patents. 

Eighth. — That  on  .the  19th  day  of  August,  1874,  the 
said  Edison  and  verified  seven  applications  for 

Letters  Patent  of  tho  United  States  for  certain  improve¬ 
ments  in  clectro-magnotic  duplex  telegraphs  therein  spool- 
Bed;  which  said  applications  wore  dated  dint  day,  and  1 
were  numbered  respectively  94,  95,  90,  97,  08,  99  and 
100;  and  that. on  the  14th  day  of  December,  1874,  the 
said  Edison  obcSSw  and  verified  an  application  for  Let¬ 
ters  Patent  of  the  United  States  for  a  certain  other  i  mprove¬ 
ment  in  clcctro-magnctio  duplex  telegraphs,  which  said 
application  was  dated  on  that  day  and  numbered  112 ;  and 
that  on  the  24th  day  of  February,  1875,  the  said  Edison  wccAufr 
eeoted-atid  verified  a  certain  otl.er  application  for  Letters 


i! 


12  Patent  of  the  United  States  for  an  improvement  in  quad- 
ruplex  telegraphs,  which  application  was  dated  on  that  day 
and  numbered  113;  and  that  all  of  the  said  nine  applica¬ 
tions,  with  the  oaths,  specifications  and  drawings  attached, 
were  severally  filed  in  the  said  Patent  Office  shortly  after 
their  said  dates,  and  were  in  the  several  respective  forms 
’  set  forth  in  plaintiff's  Exhibits  11,  S  and  T. 

Ninth. — That  the  several  inventions  specifically  described 
in  the  said  agreements,  dated  July  Dili,  187-1,  and  August 
19th,  187-1,  mentioned  in  the  sixth  and  seventh  findings 
18  of  fact  herein  arc  respectively  the  same  inventions  specifi¬ 
cally  described  in  the  said  several  applications  mentioned 
in  tho  eighth  finding  of  fact  herein. 

Tenth. — That  nil  and  singular  the  inventions  specifically 
described  in  the  said  applications  set  forth  in  the  eighth 
finding  of  fact  herein,  together  with  others,  were  made,  or 
perfected  so  ns  to  bo  practical,  by  the  said  Edison  for  the 
defendant,  the  'Western  Union  Telegraph  Company,  and 
under  and  in  pursuance  of  and  after  the  making  or  his  said 
1-1  contract  with  the  said  the  Western  Union  Telegraph  Com¬ 
pany,  mentioned  in  the  second  finding  of  fact  herein,  as 
modified,  as  stated  in  the  fourth  finding;  and  not  before, 
and  not  under  or  in  pursuance  of  certain  agreements,  dated 
October  1st,  1870,  and  April  4th,  1871,  mentioned  in  tho 
eighteenth  and  twentieth  finding  herein,  or  either  of  them. 

Eleventh. — That  the  defendant,  Gcorgo  B.  Prescott,  under 
and  in  pursuance  of  his  said  contract  with  said  Thomas  A. 
Edison,  dated  August  19,  187*1,  and  on  account  of  the  con- 
15  adoration  thereby  pnyablo  by  him,  did,  without  contribu¬ 
tion  from  the  said  Edison,  pay  all  tho  fees  required  by  law 
upon  filing  tho  applications  referred  to  in  said  agreement 
and  in  the  eighth  finding. 

7  wcljth. — That  the  defendant,  the  Western  Union  Tele¬ 
graph  Company,  paid  to  the  said  Thomas  A.  Edison  tho 
sum  or  five  thousand  dollars  on  the  10th  day  of  December, 
1874,  and  to  tho  defendant,  George  B.  Prescott,  the  further 


sum  of  fivo  thousand  dollars  on  tho  10th  day  of  January,  10 
1876 ;  both  of  which  payments  were  so  made,  and  wore  ac¬ 
cepted  by  said  payees  respectively,  in  part  payment  of  tho 
consideration  payable  by  said  company  to  them,  under  and 
|iy  vjrtuo  of  the  agreement  between  said  company  and  said 
Edison,  mentioned  in  tho  second  finding  of  fact,  ns  modi¬ 
fied  by  the  subsequent  agreement  between  said  company 
and  said  Edison  and  Prescott,  as  set  forth  in  the  fourth  find¬ 


Thirteenth. _ That  on  or  about  the  SOlli  day  of  December,  17 

1874,  tho  said  Edison  and  Prescott,  in  pursuance  of  their 
I  said  agreement  will,  the  said  the  Western  U nion  Telegraph 
Company,  submitted  to  tho  defendant,  tho  Western  Union 
'IVImrrnnh  Comoniiv.  the  two  alternative  propositions  in 


writing,  sot  forth  in  Exhibit  D,  annexed  to  tho  answer  of 
the  said  defendant,  the  Western  Union  Telegraph  Com- 


'  'IT at  the  two  propositions  last  aforesaid  remained  open, 
nnrevoked  and  in  full  cfieot,  until  tho  19th  day  of  January, 
1875,  on  which  day  tho  defendant,  the  Western  Union  ; 
Telegraph  Company,  accepted  the  proposition  marked 
se-ond  in  said  Exhibit  D,  and  delivered  to  the  said  Prescott 
on  the  said  19th  day  of  January,  1876,  and  to  said  Edison 
on  the  20th  day  of  said  January,  1876,  the  notice  in  writing, 
a  copy  of  which  is  annexed  to  tho  answer  herein  of  said 


Fourteenth. — That  on  tho  14th  day  of  December,  187o, 
the  defendant,  the  Western  Union  Telegraph  Company,  and 
said  Thomas  A.  Edison  executed  the  instrument,  dated  the  1Q 
14th  day  of  December,  1875,  a  copy  of  which  is  sot  lortli 
in  defendant’s  Exhibit  29. 


I  Fifteenth. — That  on  tho  first  day  of  October,  1870,  tho 

1  said  Edison  made  and  entered  into  an  agreement  with  ono 
George  Harrington,  of  which  a  copy  is  annexed  to  tho  com- 
:  plaint  herein  marked  A. 

Sixteenth. — That  on  the  11th  day  of  January,  1875,  tho 


20  contract  mentioned  ii 
corded,  tor  the  first  til 
at  Washington. 

Seventeenth. — That  on  the  -1th  day  of  April,  1871,  the  said 
Edison  executed  and  delivered  to  the  said  Harrington  the 
instrument  in  writing,  dated  that  day,  of  which  iMuudanAi 
,  \  r  tLc  tnu/tfoiol' I  ExilihirSRis  a  copy  ;  and  that  the  said  instrument  of  April 
*  l'  4,  1871,  was  recorded  in  the  said  Patent  Office  on  the  sixtli 

day  of  May,  1871,  in  Liber  U  18,  page  112,  of  Transfers 
0 1  of  Patents,  and  not  at  any  oilier  time,  either  before  or  after 
said  Oil.  day  of  May,  lSTl^trlW  V  (h 

Eighteenth. — That  after  the  2Cth  day  of  January,  1875,  £ 

•  the  said  record  in  the  United  States  Patent  Office  of  the  said  v 

instrument,  dated  April  -1,1871,  was  ft 


I 


lenity,-  without  the  knowhjdgojii; mnsent  of  du^ffij- 

telegraphy,”  and  before  the  words  “  mechanical  printers,” 
so  as  to  conform  to  and  contain  the  same  words  ns  the  Ex- 

22  iiibit  marked  11,  annexed  to  the  plaintiffs'  original  nml 
amended  complaint  herein,  nml  referred  to  in  the  fourth  - 
paragraph  of  the  said  original  and  amended  complnint. 

Nineteenth. — Neither  of  said  instruments  of  October  1, 
1870,  and  April  4,  1871,  contemplates  or  includes  any  of 
the  inventions  or  improvements  described  in  any  of  tho 
applications  winch  arc  referred  to  in  the  eighth  finding  of 
fact  herein. 

23  Twentieth. — That  at  some  time  in  the  year  1872,  and 
before  the  0th  day  of  February,  1872,  and  before  the  mak¬ 
ing  of  tho  agreement  between  the  defendant,  the  Western 
Union  Telegraph  Company  and  the  said  Edison,  mentioned 
in  the  second  finding  of  fact  herein,  tho  said  Harrington  and 
Edison  dissolved  the  partnership  between  them,  provided 
for  in  the  said  agreement,  dated  October  first,  1870. 

Twenty-first. — That  the  said  Thomas  A.  Edison  had  not, 


either  attlie  time  of  mnking  the  agreement  between  Edison  24 
and  Harrington,  dated  April  4,  1871,  mentioned  in  tho 
seventeenth  finding  of  fact  herein,  nor  at  the  time  of  the 
dissolution  of  tho  said  partnership  between  said  Edison  and 
Harrington,  as  set  forth  in  the  twentieth  finding  of  fact  herein, 
nor  at  any  other  time,  cither  before  the  said  dissolution  of 
partnership  mentioned  in  the  twentieth  finding,  or  before  tho 
mnking  of  tho  ngreemont  mentioned  in  tho  second  finding, 
arranged  in  his  mind  the  process  and  means,  the  combina¬ 
tion,  powers  and  machinery,  or  any  or  either  of  them,  em¬ 
bodied  in  the  said  application  No.  09,  or  in  any  of  the  other  25 
applications  mentioned  in  tho  eighth  finding  of  fact  herein, 
and  had  not  developed  tho  same,  or  any  of  them,  either  so 
far  that  he  was  confident  of  ultimate  success,  or  at  all. 

Tu/iCUuefi 

Twenty-second. — That  -  tho^  automatic  or  fast  system  of 
telegraphy 'mentioned  in  tho  contract  of  April  4,  1871, 
between  Harrington  and  Edison,  is  a  system  of  electro¬ 
chemical  telegraphy,  and  is  not  a  system  of  “electro- 
magnetic  "  telegraphy. 

Twenty-third.' — That  tho  inventions  specified  in  tho  eighth  20 
findin.r  aro  inventions  in  and  improvements  upon  tho  electro- 
mimnetic  system  of  telegraphy,  and  are  not  inventions  in,  nor 
iinprovenu  nts  upon  the  ulcetro*ehctuical  or  automatic  system 
of  telegraphy;  and  Unit  they  aro  not  a  useful  or  valuable  ml- 
dition  or  additions  to  any  automatic  system  of  telegraphy, 
or  to  the  instruments  or  machines,  or  any  of  them,  constructed 
by  the  said  Edison  for  the  purpose  of  developing  tho  Littlo 
or  any  other  system  of  automatic  or  fust  system  of  telegraphy 
into  practical  use ;  and  tho  said  inventions  aro  not,  nor  is 
any  one  or  more  of  them,  adapted  for  the  purpose  of  sue-  27 
ccssfully  or  economically  developing  tho  Little  or  any  otlici 
system  of  automatic  or  fast  system  of  telegraphy  into  practical 
use ;  and  tho  said  inventions  are  not,  nor  is  any  one  or  more  of 
them,  applicable  to  automatic  telegraphy,  or  to  any  «<**■* 

•  . :  al  printer. 


Twenty-fourth. — That  tho  defendant,  George  15.  Prescott, 
had  not  at  tho  time  of  tho  making  or  recording  of  said 


os  agreement,  dated  August  10th,  1S74,  or  at  any  otlicr  time 
beforo  the  23d  day  of  January,  1875,  any  knowledge  or 
notice  of  the  said  contracts,  or  either  of  them,  dated  Oc¬ 
tober  1st,  1870,  and  April  -Jlli,  1871,  or  of  the  execution  of 
the  same,  or  of  either  of  them,  by  said  Edison  and  Harring¬ 
ton,  or  by  cither  of  them. 

Twenty-fifth. — That  tho  stud  Western  Union  Telegraph 
Company  had  not  at  the  time  of  making  the  saal  agreements 
with  said  Kdison  and  with  said  Kdison  and  Prescott,  men 
tinned  in  the  second  ami  fourth  liudmgs  herein,  or  at  the 
20  time  of  paying  to  stud  Kdison  the  said  $5,000,  set  forth  in 
tho  twelfth  finding  herein,  or  at  any  other  time  beforo  the 
28d  tiny  of  January,  1875,  any  knowledge  or  notice  of  the 
saal  instruments  or  either  of  them,  dated  October  1,  1870, 
or  April  -1,  1871,  or  of  tho  execution  thereof  by  saal 
Harrington  and  Kdison,  or  cither  of  them. 


Twenty-sixth. — That  after  tho  13th  day  of  January,  1875, 
George  Harrington  executed  and  delivered  to  Jay  Gould 
tho  assignment  purporting  to  be  dated  on  the  1st  day  of 
)  January,  1875,  a  copy  of  which  is  annexed  to  the  com¬ 
plaint  and  marked  Kxhihit  C,  and  the  said  Gou